§ 37-16-5. Jurisdiction of superior court to enforce arbitration provision and awards.
The entering into a contract in writing providing for arbitration shall be deemed
a consent of all parties, including those enumerated in § 37-16-2, thereto to the jurisdiction of the superior court of this state to enforce the arbitration
provision and any award made pursuant to that provision. A party aggrieved by the
failure, neglect, or refusal of another to perform under a contract providing for
arbitration, may petition the superior court, or a judge thereof, for an order directing
that arbitration proceed in the manner provided for in the contract. Five (5) days'
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§ 37-16-5. Jurisdiction of superior court to enforce arbitration provision and awards.
The entering into a contract in writing providing for arbitration shall be deemed
a consent of all parties, including those enumerated in § 37-16-2, thereto to the jurisdiction of the superior court of this state to enforce the arbitration
provision and any award made pursuant to that provision. A party aggrieved by the
failure, neglect, or refusal of another to perform under a contract providing for
arbitration, may petition the superior court, or a judge thereof, for an order directing
that arbitration proceed in the manner provided for in the contract. Five (5) days'
notice in writing of the application shall be served upon the party in default. Service
thereof shall be made in the manner specified in the contract, and if no manner specified
therein, then in the manner provided by law for personal service of a summons, within
or without the state, or substituted service of a summons, or upon satisfactory proof
that the party aggrieved has been or will be unable with due diligence to make service
in any of the foregoing manners, then notice shall be served in such manner as the
court or judge may direct. A judge of the superior court shall hear the parties and
upon being satisfied that there is no substantial issue as to the making of the contract
or the failure to comply therewith, the court, or the judge thereof, hearing the application,
shall make an order directing the parties to proceed to arbitration in accordance
with the terms of the contract.