Title 9, Chapter 9, Section 6
( 9-9-6)
(a) A party aggrieved by the failure of another to arbitrate may
apply for an order compelling arbitration. If the court determines
there is no substantial issue concerning the validity of the
agreement to submit to arbitration or compliance therewith and the
claim sought to be arbitrated is not barred by limitation of time,
the court shall order the parties to arbitrate. If a substantial
issue is raised or the claim is barred by limitation of time, the
court shall summarily hear and determine that issue and,
accordingly, grant or deny the application for an order to
arbitrate. If an issue claimed to be arbitrable is involved in an
action pending in a court having jurisdiction to hear a motion to
compel arbitration, the application shall be made by motion in that
action. If the application is granted, the order shall operate to
stay a pending or subsequent action, or so much of it as is
referable to arbitration. (b) Subject to subsections (c) and (d) of this Code section, a party
who has not participated in the arbitration and who has not made an
application to compel arbitration may apply to stay arbitration on
the grounds that: (1) No valid agreement to submit to arbitration was made; (2) The agreement to arbitrate was not complied with; or (3) The arbitration is barred by limitation of time. (c) A party may serve upon another party a demand for arbitration.
This demand shall specify: (1) The agreement pursuant to which arbitration is sought; (2) The name and address of the party serving the demand; (3) That the party served with the demand shall be precluded from
denying the validity of the agreement or compliance therewith or
from asserting limitation of time as a bar in court unless he
makes application to the court within 30 days for an order to stay
arbitration; and (4) The nature of the dispute or controversy sought to be
arbitrated; provided, however, that the demand for arbitration may
be amended by either party to include disputes arising under the
same agreement after the original demand is served. (d) After service of the demand, or any amendment thereof, the party
served must make application within 30 days to the court for a stay
of arbitration or he will thereafter be precluded from denying the
validity of the agreement or compliance therewith or from asserting
limitation of time as a bar in court. Notice of this application
shall be served on the other parties. The right to apply for a stay
of arbitration may not be waived, except as provided in this Code
section. (e) Unless otherwise provided in the arbitration agreement, a party
to an arbitration agreement may petition the court to consolidate
separate arbitration proceedings, and the court may order
consolidation of separate arbitration proceedings when:
(1) Separate arbitration agreements or proceedings exist between
the same parties or one party is a party to a separate arbitration
agreement or proceeding with a third party; (2) The disputes arise from the same transactions or series of
related transactions; and (3) There is a common issue or issues of law or fact creating the
possibility of conflicting rulings by more than one arbitrator or
panel of arbitrators. (f) If all the applicable arbitration agreements name the same
arbitrator, arbitration panel, or arbitration tribunal, the court,
if it orders consolidation under subsection (e) of this Code
section, shall order all matters to be heard before the arbitrator,
panel, or tribunal agreed to by the parties. If the applicable
arbitration agreements name separate arbitrators, panels, or
tribunals, the court, if it orders consolidation under subsection
(e) of this Code section, shall, in the absence of an agreed method
of selection by all parties to the consolidated arbitration, appoint
an arbitrator. (g) In the event that the arbitration agreements in proceedings
consolidated under subsection (e) of this Code section contain
inconsistent provisions, the court shall resolve such conflicts and
determine the rights and duties of various parties. (h) If the court orders consolidation under subsection (e) of this
Code section, the court may exercise its discretion to deny
consolidation of separate arbitration proceedings only as to certain
issues, leaving other issues to be resolved in separate proceedings. |