8.01-581.02 - Proceedings to compel or stay arbitration.
§ 8.01-581.02. Proceedings to compel or stay arbitration.
A. On application of a party showing an agreement described in § 8.01-581.01,and the opposing party's refusal to arbitrate, the court shall order theparties to proceed with arbitration. However, if the opposing party deniesthe existence of the agreement to arbitrate, the court shall proceedsummarily to the determination of the issue of the existence of an agreementand shall order arbitration only if found for the moving party.
B. On application, the court may stay an arbitration proceeding commenced orthreatened on a showing that there is no agreement to arbitrate. Such anissue, when in substantial and bona fide dispute, shall be forthwith andsummarily tried and the stay ordered if found for the moving party. If foundfor the opposing party, the court shall order the parties to proceed toarbitration.
C. If an issue referable to arbitration under the alleged agreement isinvolved in an action or proceeding pending in a court having jurisdiction tohear applications under subsection A of this section, the application shallbe made therein. Otherwise, subject to § 8.01-581.015, the application may bemade in any court of competent jurisdiction.
D. Any action or proceeding involving an issue subject to arbitration shallbe stayed if an order for arbitration or an application therefor has beenmade under this section. However, if the issue is severable, the stay may bewith respect thereto only. When the application is made in such action orproceeding, the order for arbitration shall include the stay.
E. An order for arbitration shall not be refused on the ground that the claimin issue lacks merit or bona fides or because any fault or grounds for theclaim sought to be arbitrated have not been shown.
(1986, c. 614.)