[§658A-7]  Motion to compel or stay
arbitration.  (a)  On motion of a person showing an agreement to arbitrate
and alleging another person's refusal to arbitrate pursuant to 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)  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, it
shall order the parties to arbitrate.



(c)  If the court finds that there is no
enforceable agreement, it shall not, pursuant to subsection (a) or (b), order
the parties to arbitrate.



(d)  The court shall not refuse to order arbitration
because the claim subject to arbitration lacks merit or grounds for the claim
have not been established.



(e)  If a proceeding involving a claim
referable to arbitration under an alleged agreement to arbitrate is pending in
court, a motion under this section shall be made in that court.  Otherwise a
motion under this section shall be made in any court as provided in section
658A-27.



(f)  If a party makes a motion to the court to
order arbitration, the court on just terms shall stay any judicial proceeding
that involves a claim alleged to be subject to the arbitration until the court
renders a final decision under this section.



(g)  If the court orders arbitration, the court
on just terms shall stay any judicial proceeding that involves a claim subject
to the arbitration.  If a claim subject to the arbitration is severable, the
court may limit the stay to that claim. [L 2001, c 265, pt of §1]



 



Case Notes



 



  Cited, where the court found that third-party defendant,
assignee and nonsignatory to a lease containing a valid arbitration clause,
could move to compel arbitration of additional rent due.  515 F. Supp. 2d 1141.