(a) If any action orproceeding be brought in any court upon any issue referable to arbitrationunder an agreement described in subsection (a) of G.S. 95‑36.8, the courtwhere the action or proceeding is pending or a judge of the superior courthaving jurisdiction in any county where the dispute arose shall stay the actionor proceeding, except for any temporary relief which may be appropriate pendingthe arbitration award, until such arbitration has been had in accordance withthe terms of the agreement. The application for stay may be made by motion inwriting of a party to the agreement, but such motion must be made before answeror demurrer to the pleading by which the action or proceeding was begun.
(b) Any party against whomarbitration proceedings have been initiated may, within 10 days after receivingwritten notice of the issue or questions to be passed upon at the arbitrationhearing, apply to any judge of the superior court having jurisdiction in anycounty where the dispute arose for a stay of the arbitration upon the ground that he has not agreed to the arbitration of the controversy involved. Any suchapplication shall be made in writing and heard in a summary way in the mannerand upon the notice provided by law or rules of court for the making andhearing of motions generally, except that it shall be entitled to priority inthe interest of prompt disposition. If no such application is made within said10‑day period, a party against whom arbitration proceedings have beeninitiated cannot raise the issue of arbitrability except before the arbitratorand in proceedings subsequent to the award.
(c) Any party against whom anarbitration award has been issued may, within 10 days after receiving writtennotice of such award, apply to any judge of the superior court havingjurisdiction in any county where the dispute arose for a stay of the award uponthe ground that it exceeds the authority conferred by the arbitrationagreement. Any such application shall be made in writing and heard in a summaryway in the manner and upon the notice provided by law or rules of court for themaking and hearing of motions generally, except that it shall be entitled topriority in the interest of prompt disposition. If no such application is madewithin said 10‑day period, a party against whom arbitration proceedingshave been initiated cannot raise the issue of arbitrability except before thearbitrator or arbitrators, or in proceedings to enforce the award. Any failureto abide by an award shall not constitute a breach of the contract toarbitrate, pending disposition of a timely application for stay of the awardpursuant to this paragraph. (1951, c. 1103, s. 1.)
(a) If any action orproceeding be brought in any court upon any issue referable to arbitrationunder an agreement described in subsection (a) of G.S. 95‑36.8, the courtwhere the action or proceeding is pending or a judge of the superior courthaving jurisdiction in any county where the dispute arose shall stay the actionor proceeding, except for any temporary relief which may be appropriate pendingthe arbitration award, until such arbitration has been had in accordance withthe terms of the agreement. The application for stay may be made by motion inwriting of a party to the agreement, but such motion must be made before answeror demurrer to the pleading by which the action or proceeding was begun.
(b) Any party against whomarbitration proceedings have been initiated may, within 10 days after receivingwritten notice of the issue or questions to be passed upon at the arbitrationhearing, apply to any judge of the superior court having jurisdiction in anycounty where the dispute arose for a stay of the arbitration upon the ground that he has not agreed to the arbitration of the controversy involved. Any suchapplication shall be made in writing and heard in a summary way in the mannerand upon the notice provided by law or rules of court for the making andhearing of motions generally, except that it shall be entitled to priority inthe interest of prompt disposition. If no such application is made within said10‑day period, a party against whom arbitration proceedings have beeninitiated cannot raise the issue of arbitrability except before the arbitratorand in proceedings subsequent to the award.
(c) Any party against whom anarbitration award has been issued may, within 10 days after receiving writtennotice of such award, apply to any judge of the superior court havingjurisdiction in any county where the dispute arose for a stay of the award uponthe ground that it exceeds the authority conferred by the arbitrationagreement. Any such application shall be made in writing and heard in a summaryway in the manner and upon the notice provided by law or rules of court for themaking and hearing of motions generally, except that it shall be entitled topriority in the interest of prompt disposition. If no such application is madewithin said 10‑day period, a party against whom arbitration proceedingshave been initiated cannot raise the issue of arbitrability except before thearbitrator or arbitrators, or in proceedings to enforce the award. Any failureto abide by an award shall not constitute a breach of the contract toarbitrate, pending disposition of a timely application for stay of the awardpursuant to this paragraph. (1951, c. 1103, s. 1.)
(a) If any action orproceeding be brought in any court upon any issue referable to arbitrationunder an agreement described in subsection (a) of G.S. 95‑36.8, the courtwhere the action or proceeding is pending or a judge of the superior courthaving jurisdiction in any county where the dispute arose shall stay the actionor proceeding, except for any temporary relief which may be appropriate pendingthe arbitration award, until such arbitration has been had in accordance withthe terms of the agreement. The application for stay may be made by motion inwriting of a party to the agreement, but such motion must be made before answeror demurrer to the pleading by which the action or proceeding was begun.
(b) Any party against whomarbitration proceedings have been initiated may, within 10 days after receivingwritten notice of the issue or questions to be passed upon at the arbitrationhearing, apply to any judge of the superior court having jurisdiction in anycounty where the dispute arose for a stay of the arbitration upon the ground that he has not agreed to the arbitration of the controversy involved. Any suchapplication shall be made in writing and heard in a summary way in the mannerand upon the notice provided by law or rules of court for the making andhearing of motions generally, except that it shall be entitled to priority inthe interest of prompt disposition. If no such application is made within said10‑day period, a party against whom arbitration proceedings have beeninitiated cannot raise the issue of arbitrability except before the arbitratorand in proceedings subsequent to the award.
(c) Any party against whom anarbitration award has been issued may, within 10 days after receiving writtennotice of such award, apply to any judge of the superior court havingjurisdiction in any county where the dispute arose for a stay of the award uponthe ground that it exceeds the authority conferred by the arbitrationagreement. Any such application shall be made in writing and heard in a summaryway in the manner and upon the notice provided by law or rules of court for themaking and hearing of motions generally, except that it shall be entitled topriority in the interest of prompt disposition. If no such application is madewithin said 10‑day period, a party against whom arbitration proceedingshave been initiated cannot raise the issue of arbitrability except before thearbitrator or arbitrators, or in proceedings to enforce the award. Any failureto abide by an award shall not constitute a breach of the contract toarbitrate, pending disposition of a timely application for stay of the awardpursuant to this paragraph. (1951, c. 1103, s. 1.)
