12-1502. Proceedings to compel or stay
arbitration
A. On application of a party showing an agreement described in section 12-1501, and
the opposing party's refusal to arbitrate, the court shall order the parties to proceed
with arbitration, but if the opposing party denies the existence of the agreement to
arbitrate, the court shall proceed summarily to the determination of the issue so raised
and shall order arbitration if found for the moving party. Otherwise, the application
shall be denied.
B. On application, the court may stay an arbitration proceeding commenced or
threatened on a showing that there is no agreement to arbitrate. Such an issue, when in
substantial and bona fide dispute, shall be forthwith and summarily tried and the stay
ordered if found for the moving party. If found for the opposing party, the court shall
order the parties to proceed to arbitration.
C. If an issue referable to arbitration under the alleged agreement is involved in
an action or proceeding pending in a court having jurisdiction to hear applications under
subsection A of this section, the application shall be made therein. Otherwise and
subject to section 12-2101, the application may be made in any court of competent
jurisdiction.
D. Any action or proceeding involving an issue subject to arbitration shall be
stayed if an order for arbitration or an application therefor has been made under this
section or, if the issue is severable, the stay may be with respect thereto only. When
the application is made in such action or proceeding, the order for arbitration shall
include such stay.
E. An order for arbitration shall not be refused on the ground that the claim in
issue lacks merit or bona fides or because any fault or grounds for the claim sought to
be arbitrated have not been shown.
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