When two parties disagree whether an arbitration agreement is binding, the party seeking to compel arbitration does not need to wait for the other party to bring a suit against them in court to file a motion. Rather, they can file a petition (or complaint) in court to compel arbitration to preempt any lawsuit.

What is the procedure of filing a complaint / petition (not a motion) to compel arbitration in Special Civil court in NJ?

  • FWIW, in connection with the whole line of questions, seeking arbitration as a tenant or consumer is sort of like asking a prosecutor to preside over your criminal case. Utterly a bad idea, even if it is possible, if you have any other option.
    – ohwilleke
    Dec 15, 2022 at 20:27

1 Answer 1


If the arbitration clause is sufficient, you would not file the motion

You would appoint an arbitrator is accordance with the clause and they would decide if they have jurisdiction under the competence-competence procedure.

So, for example, if the clause identifies the arbitrator or the person who can nominate the arbitrator, you would simply approach that person and ask them to act.

Only if it needs judicial interpretation appoint the arbitrator would a court be involved

If the clause did not provide a mechanism for appointing the arbitrator and the parties could not agree on how to do it, then the court would need to be engaged to do so.

The filing is no different from any other application for relief. However, it is imports that you ensure the court has jurisdiction to issue the appropriate order appointing an arbitrator. Unless the arbitration clause was clearly invalid on its face, the court would leave it to the arbitrator to decide if they have jurisdiction.

  • @S.O.S depends on the court
    – Dale M
    Dec 15, 2022 at 21:46
  • @S.O.S ask your lawyer
    – Dale M
    Dec 16, 2022 at 0:34

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