that an arbitration proceeding has been initiated or threatened
but that there is no agreement to arbitrate, the court shall
proceed summarily to decide the issue. If the court finds that
there is an enforceable agreement to arbitrate, it shall order
the parties to arbitrate.
(c) Enforceable agreement required.--If the court finds that
there is no enforceable agreement, it may not, pursuant to
subsection (a) or (b), order the parties to arbitrate.
(d) Court refusal.--The court may not refuse to order
arbitration because the claim subject to arbitration lacks merit
or grounds for the claim have not been established.
(e) Appropriate court.--If a proceeding involving a claim
referable to arbitration under an alleged agreement to arbitrate
is pending in court, a motion under this section must be made in
that court. Otherwise, a motion under this section may be made
in any court as provided in section 7321.28 (relating to venue).
(f) Stay of claims alleged subject to arbitration.--If a
party makes a motion to the court to order arbitration, the
court on just terms shall stay a judicial proceeding that
involves a claim alleged to be subject to the arbitration until
the court renders a final decision under this section.
(g) Stay of claims subject to arbitration.--If the court
orders arbitration, the court on just terms shall stay a
judicial proceeding that involves a claim subject to the
arbitration. If a claim subject to the arbitration is severable,
the court may limit the stay to that claim.
§ 7321.9. Provisional remedies.
(a) Court.--Before an arbitrator is appointed and is
authorized and able to act, the court, upon motion of a party to
an arbitration proceeding and for good cause shown, may enter an
20150HB0034PN1201 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30