Massachusetts Statutes

§ 2 — Refusal to arbitrate; application to superior court

Massachusetts·Part III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES·Title IV CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES·Ch. 251 UNIFORM ARBITRATION ACT FOR COMMERCIAL DISPUTES

Section 2.

(a)A party aggrieved by the failure or refusal of another to proceed to arbitration under an agreement described in section one may apply to the superior court for an order directing the parties to proceed to arbitration. If the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall, if it finds for the applicant, order arbitration; otherwise, the application shall be denied.
(b)Upon application, the superior court may stay an arbitration proceeding commenced or threatened if it finds that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily determined, and if the court finds for the applicant it shall ord

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