How can a court enforce an agreement to arbitrate?

Courts play a vital role in upholding the integrity of arbitration by ensuring that parties honor their commitments to resolve disputes outside of traditional litigation. Under modern arbitration law, agreements to arbitrate are considered irrevocable, meaning a party cannot unilaterally withdraw from the process once the agreement is established.1

A court can enforce an agreement to arbitrate through several mechanisms:

• Suspension of Litigation: If a party initiates a court action in violation of a voluntary arbitration agreement, the court can suspend or stay those proceedings to allow the arbitration to proceed.1
• Appointment of Arbitrators: If a party fails to fulfill their obligation to select an arbitrator, the court may intervene to substitute or appoint one, ensuring the tribunal can be formed.1
• Judicial Assistance: Courts provide necessary support against recalcitrant parties, ensuring that the arbitration process is not obstructed.1
• Determining Authority: When a dispute arises regarding whether a specific controversy is covered by an arbitration agreement, or if an agreement is valid, the court typically determines the arbitrator’s authority to handle the conflict.2

By providing these enforcement measures, courts ensure that arbitration functions as a final and binding method of dispute resolution rather than merely the beginning of protracted litigation.12