State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-569_7

§ 1‑569.7.  Motion tocompel or stay arbitration.

(a)        On motion of aperson showing an agreement to arbitrate and alleging another person's refusalto arbitrate pursuant to the agreement:

(1)        If the refusingparty does not appeal or does not oppose the motion, the court shall order theparties to arbitrate; and

(2)        If the refusingparty opposes the motion, the court shall proceed summarily to decide the issueand order the parties to arbitrate unless it finds that there is no enforceableagreement to arbitrate.

(b)        On motion of aperson alleging that an arbitration proceeding has been initiated or threatenedbut that there is no agreement to arbitrate, the court shall proceed summarilyto decide the issue. If the court finds that there is an enforceable agreementto arbitrate, it shall order the parties to arbitrate.

(c)        If the court findsthat there is no enforceable agreement to arbitrate, it shall not, pursuant tosubsection (a) or (b) of this section, order the parties to arbitrate.

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

(e)        If a proceedinginvolving a claim referable to arbitration under an alleged agreement toarbitrate is pending in a court, a motion under this section shall be made inthat court. Otherwise a motion under this section may be made in any court asprovided in G.S. 1‑569.27.

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

(g)        If the court ordersarbitration, the court on just terms shall stay any judicial proceeding that involvesa claim subject to the arbitration. If a claim subject to the arbitration isseverable, the court may limit the stay to that claim. (1973, c. 676, s. 1; 2003‑345,s. 2.)