More details to this question:
Took someone to court over contract breach. Judge accepted defendant's motion to strike given an arbitration clause in contract. Court clerk mailed warrant of indebtedness where judge checked "dismissed" and scribbled "motion to strike because of arbitration clause" (what it looked like it read). Nowhere did it say I could then request the person to now go to arbitration and then if she (again) refuses to communicate (what happened to begin with that judge ignored) I can take her back to General District Court. So is this with or without prejudice?
1 ANSWER
You have to commence an arbitration against the other party because there is an arbitration clause in your contract. Neither of you has a choice to sue in Court, unless you both agree to it. If the other side doesn't respond to your demand for arbitration, you may (given the history here) be able to get a default award in the arbitration, and have that award confirmed in Court. If not, you will have to get a Court order compelling the other party to arbitrate.
Answered on May 07th, 2015 at 12:35 PM