§514A-122 
Determination of unsuitability. 
At any time within twenty days of being served with a written demand for
arbitration, any party so served may apply to the circuit court in the judicial
circuit in which the condominium is located for a determination that the
subject matter of the dispute is unsuitable for disposition by arbitration.



In
determining whether the subject matter of a dispute is unsuitable for
disposition by arbitration, a court may consider:



(1)  The magnitude of the potential award, or any
issue of broad public concern raised by the subject matter underlying the
dispute;



(2)  Problems referred to the court where court
regulated discovery is necessary;



(3)  The fact that the matter in dispute is a
reasonable or necessary issue to be resolved in pending litigation and involves
other matters not covered by or related to chapter 514A;



(4)  The fact that the matter to be arbitrated is only
part of a dispute involving other parties or issues which are not subject to
arbitration under section 514A-121; or



(5)  Any matters of dispute where disposition by
arbitration, in the absence of complete judicial review, would not afford
substantial justice to one or more of the parties.



Any such
application to the circuit court shall be made and heard in a summary manner
and in accordance with procedures for the making and hearing of motions.  The
prevailing party shall be awarded its attorneys' fees and costs in an amount
not to exceed $200. [L 2007, c 244, pt of §2]