§ 28-9-6 - Trial of issue as to existence of agreement to arbitrate or failure to comply.
SECTION 28-9-6
§ 28-9-6 Trial of issue as to existence ofagreement to arbitrate or failure to comply. – (a) If evidentiary facts are set forth raising a substantial issue as to themaking of the contract or submission or the failure to comply with it, thecourt, or the judge, shall immediately proceed to the trial of the issue.
(b) If no jury trial is demanded by either party, the court,or the judge, shall hear and determine the issue.
(c) Where this issue is raised, any party may, on or beforethe return day of the notice of application, demand a jury trial of the issue,and if a demand is made, the court, or the judge, shall make an order referringthe issue or issues to a jury in the manner provided by law for referring to ajury issues in an equity action.
(d) Whenever an immediate trial is ordered, the order shallprovide that, if the court, or where a jury has been demanded, the jury, findsthat a written contract providing for arbitration was made or a submission wasentered into, and that there was a failure to comply with the contract, theparties shall proceed with the arbitration in accordance with the terms of thecontract or submission, and the order shall provide that if the court or jury,finds that there was no contract or submission or failure to comply with thecontract, then the proceeding shall be dismissed.