5-402.   Proceedings to compel or stay arbitration.(a) On application of a party showing an agreement described in K.S.A.5-401, and the opposing party's refusal to arbitrate, the court shall orderthe parties to proceed with arbitration, but if the opposing party deniesthe existence of the agreement to arbitrate, the court shall proceedsummarily to the determination of the issue so raised and shall orderarbitration if found for the moving party, otherwise, the application shallbe denied.

      (b)   On application, the court may stay an arbitration proceedingcommenced or threatened on a showing that there is no agreement toarbitrate. Such an issue, when in substantial and bona fide dispute, shallbe forthwith and summarily tried and the stay ordered if found for themoving party. If found for the opposing party, the court shall order theparties to proceed to arbitration.

      (c)   If an issue referable to arbitration under the alleged agreement isinvolved in an action or proceeding pending in a court having jurisdictionto hear applications under subsection (a) of this section, the applicationshall be made therein. Otherwise and subject to K.S.A. 5-418, theapplication may be made in any court of competent jurisdiction.

      (d)   Any action or proceeding involving an issue subject to arbitrationshall be stayed if an order for arbitration or an application therefor hasbeen made under this section or, if the issue is severable, the stay may bewith respect thereto only. When the application is made in such action orproceeding, the order for arbitration shall include such stay.

      (e)   An order for arbitration shall not be refused on the ground that theclaim in issue lacks merit or bona fides or because any fault or groundsfor the claim sought to be arbitrated have not been shown.

      History:   L. 1973, ch. 24, § 2; July 1.