§ 7321.8. Motion to compel or stay arbitration
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: July 1, 2019
Effective: July 1, 2019
42 Pa.C.S.A. § 7321.8
§ 7321.8. Motion to compel or stay arbitration
(b) Agreement challenged.--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, the court shall order the parties to arbitrate.
(e) Appropriate court.--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 7321.28 (relating to venue).
(f) Stay of judicial proceedings.--An action or proceeding allegedly involving an issue subject to arbitration shall be stayed if a court order to proceed with arbitration has been made or a motion for such an order has been made under this section. If the issue allegedly subject to arbitration is severable, the stay of the court action or proceeding may be made with respect to the severable issue only. If a motion for an order to proceed with arbitration is made in the action or proceeding and is granted, the court order to proceed with arbitration shall include a stay of the action or proceeding.
Credits
2018, June 28, P.L. 381, No. 55, § 1.1, effective July 1, 2019.
42 Pa.C.S.A. § 7321.8, PA ST 42 Pa.C.S.A. § 7321.8
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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