If a party to an arbitration agreement wants to avoid arbitration by going to court, a court may not force the party to arbitrate their claim.

Question

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The Federal Arbitration Act allows a court to compel arbitration if one party is attempting to avoid it. However, there may be certain circumstances where a court may allow a party to avoid arbitration and proceed to court, such as if the arbitration agreement is unconscionable or if the claims fall outside the scope of the agreement.

If a Party to an Arbitration Agreement Wants to Avoid