Section 542:3 Remedy in Case of Default; Jurisdiction; Proceedings.
The party aggrieved by the alleged failure, neglect, or refusal of another to perform under such a written agreement for arbitration may petition the superior court for an order directing that such arbitration proceed in the manner provided for in such agreement. If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed to the trial thereof. If it is found that no agreement in writing for arbitration was made or that there is no default in proceeding thereunder, the proceeding shall be dismissed, otherwise the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with the terms thereof.
Source. 1929, 147:1. RL 415:3.