Title 9, Chapter 9, Section 4
( 9-9-4)
(a)(1) Any application to the court under this part shall be made
to the superior court of the county where venue lies, unless the
application is made in a pending court action, in which case it
shall be made to the court hearing that action. Subsequent
applications shall be made to the court hearing the initial
application unless the court otherwise directs. (2) All applications shall be by motion and shall be heard in the
manner provided by law and rule of court for the making or hearing
of motions, provided that the motion shall be filed in the same
manner as a complaint in a civil action. (b) Venue for applications to the court shall lie: (1) In the county where the agreement provides for the arbitration
hearing to be held; or (2) If the hearing has already been held, in the county where it
was held; or (3) In the county where any party resides or does business; or (4) If there is no county as described in paragraph (1), (2), or
(3) of this subsection, in any county. (c)(1) A demand for arbitration shall be served on the other
parties by registered or certified mail or statutory overnight
delivery, return receipt requested. (2) The initial application to the court shall be served on the
other parties in the same manner as a complaint under Chapter 11
of this title. (3) All other papers required to be served by this part shall be
served in the same manner as pleadings subsequent to the original
complaint and other papers are served under Chapter 11 of this
title. (d) In determining any matter arising under this part, the court
shall not consider whether the claim with respect to which
arbitration is sought is tenable nor otherwise pass upon the merits
of the dispute. (e) The superior court in the county in which an arbitration is
pending, or, if not yet commenced, in a county specified in
subsection (b) of this Code section, may entertain an application
for an order of attachment or for a preliminary injunction in
connection with an arbitrable controversy, but only upon the ground
that the award to which the applicant may be entitled may be
rendered ineffectual without such provisional relief. |