679A.2 - PROCEEDINGS TO COMPEL OR STAY ARBITRATION.
679A.2 PROCEEDINGS TO COMPEL OR STAY ARBITRATION. 1. On application of a party showing an agreement described in section 679A.1 and the opposing party's refusal to arbitrate, the district court shall order the parties to proceed with arbitration. However, if the opposing party denies the existence of a valid and enforceable agreement to arbitrate, the district court shall proceed to the determination of the issue and shall order arbitration if a valid and enforceable agreement is found to exist. If no such agreement exists, the court shall deny the application. 2. On application, the district court may stay an arbitration proceeding commenced or threatened on a showing that there is no valid and enforceable agreement to arbitrate. The issue, when in substantial and bona fide dispute, shall be tried and the stay ordered if a valid and enforceable agreement to arbitrate does not exist. If an agreement is found to exist, 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 district court, the application shall be made to that court. Otherwise, the application may be made in a district court as provided in section 679A.16. 4. An action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application for an order to arbitrate has been made under this section or, if the issue is severable, the stay may be made with respect to the part of the issue which is subject to arbitration only. When the application is made in such an action or proceeding, the order for arbitration shall include the stay. 5. An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or because any fault or grounds for the claim sought to be arbitrated have not been shown.
Section History: Early Form [C51, § 2102; R60, § 3679; C73, § 3419; C97, § 4388; C24, 27, 31, 35, 39, § 12698; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 679.4; 81 Acts, ch 202, § 2]
Section History: Recent Form C83, § 679A.2 Referred to in § 679A.12, 679A.17