§ 5674. Proceedings to compel or stay arbitration (a) On application of a party showing an agreement subject to this chapter and the opposing party’s refusal to arbitrate, the court shall order the parties to proceed with arbitration. If the opposing party denies the existence of the agreement, the court shall determine the issue summarily. If the court finds for the moving party, it shall order the parties to proceed with arbitration. Otherwise, the application shall be denied. (b) On application to compel or stay arbitration, and on a showing that there is no agreement to arbitrate, the court may stay a commenced or threatened arbitration proceeding. When in substantial and bona fide dispute, the issue of whether there is an agreement to arbitrate shall be forthwith and summarily tried. The court shall order the stay if it finds no enforceable agreement to arbitrate. Otherwise, the court shall order the parties to proceed to arbitration. (c) When the existence or validity of an agreement to arbitrate or a party’s refusal to arbitrate is in substantial and bona fide dispute, the court shall proceed summarily to the determination of the issue. (d) Notwithstanding section 5672 of this title relating to venue, if an issue referable to arbitration under an alleged agreement is involved in an action or proceeding pending in a Superior Court, applications to compel or to stay arbitration shall be made only to that court. (e) Any action or civil proceeding involving an issue which is subject to arbitration shall be stayed if an order to compel arbitration or an application therefor has been made. If the issue is severable, the stay may be with respect only to that issue. When application to compel arbitration is made to a court other than the one in which the action or proceeding is pending, any order to compel arbitration shall include that stay. (f) An order to compel arbitration shall not be refused on the ground that the claim in issue lacks merits or bona fides nor because the applicant has failed to show fault or grounds for the claim sought to be arbitrated.
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