78B-11-108 - Motion to compel arbitration. - Utah Statutes

78B-11-108. Motion to compel arbitration.
(1) On motion of a person showing an agreement to arbitrate and alleging anotherperson's refusal to arbitrate pursuant to the agreement:
(a) if the refusing party does not appear or does not oppose the motion, the court shallorder the parties to arbitrate; and
(b) if the refusing party opposes the motion, the court shall proceed summarily to decidethe issue and order the parties to arbitrate unless it finds that there is no enforceable agreement toarbitrate.
(2) On motion of a person alleging that an arbitration proceeding has been initiated orthreatened but that there is no agreement to arbitrate, the court shall proceed summarily to decidethe issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order theparties to arbitrate.
(3) If the court finds that there is no enforceable agreement, it may not, pursuant toSubsection (1) or (2), order the parties to arbitrate.
(4) The court may not refuse to order arbitration because the claim subject to arbitrationlacks merit or grounds for the claim have not been established.
(5) If a proceeding involving a claim referable to arbitration under an alleged agreementto 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 Section78B-11-128.
(6) If a party makes a motion to the court to order arbitration, the court on just termsshall stay any judicial proceeding that involves a claim alleged to be subject to the arbitrationuntil the court renders a final decision under this section.
(7) If the court orders arbitration, the court on just terms shall stay any judicialproceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration isseverable, the court may limit the stay to that claim.

Renumbered and Amended by Chapter 3, 2008 General Session