417.060 Proceedings to compel or stay arbitration.
293 words·~1 min read·
/ky/chapter-417/417-060A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)On application of a party showing an agreement described in KRS 417.050, and the
opposing party's refusal to arbitrate, the court shall order the parties to proceed with
arbitration. 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. The
court shall order arbitration if found for the moving party; otherwise, the application
shall be denied.
(2)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.
(3)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
(1)of this section, the application shall be made therein.
Otherwise and subject to KRS 417.210, the application may be made in any court of
competent jurisdiction.
(4)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.
(5)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.