Section 3-208 - Stay of arbitration.
§ 3-208. Stay of arbitration.
(a) Petition to stay.- If a party denies existence of the arbitration agreement, he may petition a court to stay commenced or threatened arbitration proceedings.
(b) Filing of petition.-
(1) A petition to stay arbitration shall be filed with the court where a petition to order arbitration has been filed.
(2) If a petition for order to arbitrate has not been filed, the petition to stay arbitration may be filed in any court subject to venue provisions of Title 6 of this article.
(c) Determination of existence of arbitration agreement.- If the court determines that existence of the arbitration agreement is in substantial and bona fide dispute, it shall try this issue promptly and order a stay if it finds for the petitioner. If the court finds for the adverse party, it shall order the parties to proceed with arbitration.
[An. Code 1957, art. 7, § 2; 1973, 1st Sp. Sess., ch. 2, § 1.]