South Dakota § 21-25A-8 Application to stay arbitration--Order to arbitrate or staying arbitration--Venue of application.

South Dakota Statutes

§ 21-25A-8 — Application to stay arbitration--Order to arbitrate or staying arbitration--Venue of application.

South Dakota § 21-25A-8

Title 21JUDICIAL REMEDIES

Ch. 21-25AENFORCEMENT OF ARBITRATION AGREEMENTS

This text of South Dakota § 21-25A-8 (Application to stay arbitration--Order to arbitrate or staying arbitration--Venue 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-8 (2026).

Text

On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried 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. 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 § 21-25A-5 , the application shall be made therein. Otherwise and subject to § 21-25A-34 , the application may be made in any court of competent jurisdiction.

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On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried 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. 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 § 21-25A-5 , the application shall be made therein. Otherwise and subject to § 21-25A-34 , the application may be made in any court of competent jurisdiction.