WVC 55 - 10 - 9
§55-10-9. Motion to compel or stay arbitration.
(a) On motion of a person showing an agreement to arbitrate
and alleging another person's refusal to arbitrate pursuant to the
(1) If the refusing party does not appear or does not oppose
the motion, the court shall order the parties to arbitrate; and
(2) If the refusing party opposes the motion, the court shall
proceed summarily to decide the issue and order the parties to
arbitrate unless it finds that there is no enforceable agreement to
(b) On motion of a person alleging 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) If the court finds that there is no enforceable agreement,
it may not, pursuant to subsection (a) or (b) of this section,
order the parties to arbitrate.
(d) 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) 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 twenty-nine of this article.
(f) If a party makes a motion to the court to order
arbitration, the court on just terms shall stay any judicial
proceeding that involves a claim alleged to be subject to the
arbitration until the court renders a final decision under this
(g) If the court orders arbitration, the court on just terms
shall stay any 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.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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