435.355. Proceedings to compel or stay arbitration. - Missouri Statutes

Proceedings to compel or stay arbitration.

435.355. 1. On application of a party showing an agreementdescribed in section 435.350, and the opposing party's refusal toarbitrate, the court shall order the parties to proceed witharbitration, but if the opposing party denies the existence ofthe agreement to arbitrate, the court shall proceed summarily tothe determination of the issue so raised and shall orderarbitration if found for the moving party; otherwise, theapplication shall be denied.

2. On application, the court may stay an arbitrationproceeding commenced or threatened on a showing that there is noagreement to arbitrate. Such an issue, when in substantial andbona fide dispute, shall be forthwith and summarily tried and thestay ordered if found for the moving party. If found for theopposing party, the court shall order the parties to proceed toarbitration.

3. If an issue referable to arbitration under the allegedagreement is involved in action or proceeding pending in a courthaving jurisdiction to hear applications under subsection 1 ofthis section, the application shall be made therein. Otherwiseand subject to section 435.435, the application may be made inany court of competent jurisdiction.

4. Any action or proceeding involving an issue subject toarbitration shall be stayed if an order for arbitration or anapplication therefor has been made under this section or, if theissue is severable, the stay may be with respect thereto only.When the application is made in such action or proceeding, theorder for arbitration shall include such stay.

5. An order for arbitration shall not be refused on theground that the claim in issue lacks merit or bona fides orbecause any fault or grounds for the claim sought to bearbitrated have not been shown.

(L. 1980 H.B. 1203 § 2)