South Dakota § 21-25A-5 Application to compel arbitration--Order to arbitrate or denial of application.

South Dakota Statutes

§ 21-25A-5 — Application to compel arbitration--Order to arbitrate or denial of application.

South Dakota § 21-25A-5

Title 21JUDICIAL REMEDIES

Ch. 21-25AENFORCEMENT OF ARBITRATION AGREEMENTS

This text of South Dakota § 21-25A-5 (Application to compel arbitration--Order to arbitrate or denial of application.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-25A-5 (2026).

Text

On application of a party showing an agreement described in § 21-25A-1 , and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but 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 order arbitration if found for the moving party, otherwise, the application shall be denied.

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On application of a party showing an agreement described in § 21-25A-1 , and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but 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 order arbitration if found for the moving party, otherwise, the application shall be denied.