                                 CODE OF VIRGINIA

PROCEEDINGS TO COMPEL OR STAY ARBITRATION (§ 8.01-581.02)

A. On application of a party showing an agreement described in &#xA7;
8.01-581.01, and the opposing party&#8217;s refusal to arbitrate, the court
shall order the parties to proceed with arbitration. However, if the opposing
party denies the existence of the agreement to arbitrate, the court shall
proceed summarily to the determination of the issue of the existence of an
agreement and shall order arbitration only if found for the moving party.

B. 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.

C. 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 subsection A of this section, the application shall be made
therein. Otherwise, subject to &#xA7; 8.01-581.015, the application may be made
in any court of competent jurisdiction.

D. Any action or proceeding involving an issue subject to arbitration shall be
stayed if an order for arbitration or an application therefor has been made
under this section. However, if the issue is severable, the stay may be with
respect thereto only. When the application is made in such action or proceeding,
the order for arbitration shall include the stay.

E. An order for arbitration shall not be refused on the ground that the claim in
issue lacks merit or bona fides or because any fault or grounds for the claim
sought to be arbitrated have not been shown.

HISTORY: 1986, c. 614.