§ 7321.8. Motion to compel or stay arbitration.

377 words·~2 min read·/pa/title-42/chapter-73/7321-8·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Refusal to arbitrate under agreement.-- On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate under 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)Agreement challenged.-- 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, the court shall order the parties to arbitrate.

(c)Enforceable agreement required.-- If the court finds that there is no enforceable agreement, the court may not, under subsection

(a)or (b), order the parties to arbitrate.

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

(e)Appropriate court.-- If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in section 7321.28 (relating to venue).

(f)Stay of judicial proceedings.-- An action or proceeding allegedly involving an issue subject to arbitration shall be stayed if a court order to proceed with arbitration has been made or a motion for such an order has been made under this section. If the issue allegedly subject to arbitration is severable, the stay of the court action or proceeding may be made with respect to the severable issue only. If a motion for an order to proceed with arbitration is made in the action or proceeding and is granted, the court order to proceed with arbitration shall include a stay of the action or proceeding.

42c7321.8v

Cross References. Section 7321.8 is referred to in sections 7321.5, 7342 of this title.

42c7321.9s