§ 34-57-2-3 — Order to commence arbitration; stay of arbitration proceedings; procedure

(a) On application of a party showing an
agreement described in section 1 of this chapter, and the opposing
party's refusal to arbitrate, the court shall order the parties to proceed
with arbitration. Ten (10) days notice in writing of the hearing of such
application shall be served personally upon the party in default. If the
opposing party denies the existence of the agreement to arbitrate, the
court shall proceed summarily to the determination of the issue raised
without further pleading and shall order arbitration if found for the
moving party; otherwise, the application shall be denied.
(b) On application, the court may stay an arbitration proceeding
commenced or threatened on a showing that there is no agreement to
arbitrate. Ten (10) days notice in writing of the hearing of the
application shall be served personally upon the party in default. Such
an issue, when in substantial and bona fide dispute, shall be forthwith
summarily determined without further pleadings and the stay ordered
if found for the moving party. If found for the opposing party, the court
shall order the parties to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreement
is involved in an action or proceeding pending in a court having
jurisdiction to hear applications under subsection (a), the application
shall be made in that action or proceeding. Otherwise and subject to
section 17 of this chapter, the application may be made in any court
with jurisdiction.
(d) Any action or proceeding involving an issue subject to
arbitration shall be stayed if an order for arbitration or an application
for an order for arbitration has been made under this section (or IC 34-4-2-3 before its repeal), or, if the issue is severable, the stay may be
with respect to the issue only. When the application is made in such an
action or proceeding, the order for arbitration must include such a stay.
(e) An order for arbitration shall not be refused on the ground that
the claim in issue lacks merit or bona fides or because any fault or
grounds for the claim sought to be arbitrated have not been shown.
(f) If the court determines that there are other issues between the
parties that are not subject to arbitration and that are the subject of a
pending action or special proceeding between the parties and that a
determination of such issues is likely to make the arbitration
unnecessary, the court may delay its order to arbitrate until the
determination of such other issues or until such earlier time as the court
specifies.
(g) On application the court may stay an arbitration proceeding on
a showing that the method of appointment of arbitrators is likely to or
has resulted in the appointment of a majority of arbitrators who are
partial or biased in some relevant respect. The court shall then appoint
one (1) or more arbitrators as provided in section 4 of this chapter.
[Pre-1998 Recodification Citation: 34-4-2-3.]

Legislative History

As added by P.L.1-1998, SEC.53.