Section 09.43.020. Proceedings to compel or stay arbitration.

   (a) On application of a party showing an agreement described in AS 09.43.010, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue and if the agreement is found to exist shall order arbitration.
   (b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate.  The issue, when in substantial and bona fide dispute, shall be immediately and summarily tried and the stay ordered if no agreement is found to exist.  If found for the opposing party, the court shall order the parties to proceed to arbitration.
   (c) If an issue subject to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under (a) of this section, the application shall be made in that court. Otherwise the application may be made in any court of competent jurisdiction.
   (d) An action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application for the order has been made under this section or, if the issue is severable, the stay may be with respect to the issue only.
   (e) An order for arbitration may not be refused on the ground that the claim in issue lacks merit or because a fault or ground for the claims sought to be arbitrated has not been shown.

Authorities

9.43.120; 9.43.160

Notes

References

AS 9.43.120 .120">Sec. 09.43.120. Vacating an award.
AS 9.43.160 .160">Sec. 09.43.160. Appeals.

History

(Sec. 1 ch 232 SLA 1968)