(1) Any of the parties to a written arbitration agreement who claims negligence or refusal on the part of another party to resort to arbitration according to the agreement, may move the court for an order compelling the parties to resort to arbitration in conformity with the agreement between them. An eight (8) days’ written notice of said petition shall be given to the party who it is alleged is not complying with the agreement. The return of said notice shall be made in the manner prescribed by law or by the Rules of Civil Procedure for the return of summonses in civil actions before the court, as specified in § 3202 of this title. If, after hearing both parties, the court finds that no substantial dispute exists as regards the existence or validity of the arbitration agreement, or the nonperformance thereof, said court shall issue an order commanding the parties to resort to arbitration in conformity with the terms of the agreement.
(2) If the court finds that a substantial dispute has arisen as regards the validity or existence of the arbitration agreement, or as to nonperformance thereof, the court shall proceed immediately to hear such dispute. If from the hearing it is found that there is no written agreement providing for arbitration, or that there is no nonperformance, the court shall deny the motion to compel arbitration.
(3) Either party shall have the right to demand an immediate hearing of any dispute of this nature concerning the validity or existence of an arbitration agreement or the nonperformance thereof. Such a petition shall be made prior to the day set for the hearing of the motion to compel arbitration in conformity with this section; and if such motion is not filed, the request shall be made in the petition for staying the arbitration, as provided in subsection (4)(a) of this section.
(4) In order to give rise to a dispute concerning the existence or validity of an arbitration agreement or the nonperformance thereof, the party concerned shall state the proved facts on which said dispute is founded, and shall:
(a) File a motion to stay the arbitration. If notice has been served of the intent to arbitrate, as provided in § 3211 of this title, notice of the motion to stay shall be served within the twenty (20) days following the return of such notice of intent to arbitrate.
Any dispute concerning the validity or existence of the agreement or the nonperformance thereof, shall be tried in the same manner prescribed in subsections (2) and (3) of this section, or
(b) oppose any motion to compel arbitration, as provided in subsection 1 of this section.
History —May 8, 1951, No. 376, p. 896, § 4, eff. 90 days after May 8, 1951.