Find Laws Find Lawyers Free Legal Forms USA State Laws

ARIZONA STATUTES AND CODES

12-3007

12-3007. Motion to compel or stay arbitration

(Eff. 1/1/11)

A. On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:

1. If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate.

2. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

B. On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

C. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate pursuant to subsection A or B of this section.

D. The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

E. If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in section 12-3027.

F. If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

G. If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.

Arizona Forms by Issue

Arizona Child Support Agency Forms
Arizona Child Support Calculator Forms
Arizona Court Forms
> Jury
> Self Service
Arizona Employment Forms
Arizona Environmental Forms
Arizona Family Forms
Arizona Mental Commitment Forms
Arizona Other Forms
Arizona Partnership Forms
Arizona Real Estate Forms
Arizona Retirement Forms
Arizona Tax Forms

Arizona Law

Arizona State Laws
    > Arizona Child Support
    > Arizona Gun Laws
    > Arizona Statutes
Arizona Immigration Laws
    > Arizona Immigration Bill
    > Arizona Immigration Law
Arizona Court
    > Arizona Court Records
    > Superior Court of Arizona
    > Arizona Supreme Court
    > Arizona v. Gant
    > Miranda v. Arizona
Arizona Tax
    > Arizona State Tax
Arizona Labor Laws
    > Arizona Unemployment

Arizona Court Map

Tips