(a) Refusal to arbitrate under agreement.--On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate under the agreement:
(1) if the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and
(2) if the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.
(b) Agreement challenged.--On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, the court shall order the parties to arbitrate.
(c) Enforceable agreement required.--If the court finds that there is no enforceable agreement, the court may not, under subsection (a) or (b), order the parties to arbitrate.
(d) Court refusal.--The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
(e) Appropriate court.--If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in section 7321.28 (relating to venue).
(f) Stay of judicial proceedings.--An action or proceeding allegedly involving an issue subject to arbitration shall be stayed if a court order to proceed with arbitration has been made or a motion for such an order has been made under this section. If the issue allegedly subject to arbitration is severable, the stay of the court action or proceeding may be made with respect to the severable issue only. If a motion for an order to proceed with arbitration is made in the action or proceeding and is granted, the court order to proceed with arbitration shall include a stay of the action or proceeding.
Cross References. Section 7321.8 is referred to in sections 7321.5, 7342 of this title.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.