A. On application of a party showing an agreement described in section 12-1501, 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.
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 and subject to section 12-2101, 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 or, 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 such 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.
Notes of Decisions
Ruesga v. Kindred Nursing Centers West, L.L.C. (2007)
arizctapp · cites it 9×
“In our discretion, we address the estate’s new argument because it implicates the meaning and effect of a statute, A.R.S. § 12-1502. 4 . For that same reason, the estate waived its argument that “the trial court at least should have deferred enforcement [of the ADR agreement]…”
Security Alarm Financing Enterprises, L.P. v. Fuller (2017)
arizctapp · cites it 5×
“Indeed, Arizona’s versions of the Uniform Arbitration Act and the Revised Uniform Arbitration Act expressly do not apply to arbitration agreements, such as the one at issue here, between an employer and its employee.”
National Bank v. Schwartz (2012)
arizctapp · cites it 5×
“We have jurisdiction. DISCUSSION ¶ 4 The trial court’s review on a motion to compel arbitration is limited to the determination as to whether an arbitration agreement exists.”
Dusold v. Porta-John Corp. (1990)
arizctapp · cites it 4×
“In that same motion, Porta-John asked for an order compelling arbitration and staying judicial proceedings pursuant to A.R.S. § 12-1502. In its minute entry following the hearing on Porta-John’s motion, the trial court expressed “some doubts about the fairness of compelling an…”
Wb, the Building Company, LLC. v. El Destino (2011)
arizctapp · cites it 5×
“1985) (stating that section 4 of the Federal Arbitration Act is “very similar in purpose to A.R.S. § 12-1502.”). Given the substantial similarities between the statutory schemes, we believe that the same analysis is mandated by both sets of statutes.”
Bolo Corporation v. Homes & Son Construction Co. (1970)
ariz · cites it 7×
“It was not until the 24th day of June, 1965, or thereabouts, nealy six months after the original filing of the lawsuit, that the appellee filed a motion for leave to amend the complaint and for an order to compel arbitration as is provided for under the Uniform Arbitration Act,…”
The ESTATE OF JOSEFA U. DeCAMACHO v. LA SOLANA CARE AND REHAB, INC. (2014)
arizctapp · cites it 2×
“Because we have concluded the plain language of the admission agreement does not bind the statutory beneficiaries as parties to the contract, we need not address the broader question of whether express language in the agreement purporting to bind the statutory heirs to arbitrate…”
Broemmer v. Otto (1991)
arizctapp · cites it 8×
“She also contends that the trial court violated A.R.S. § 12-1502 by failing to stay the suit pending arbitration.”
— Ariz. Rev. Stat. § 12-1502(A) — 18 cases
Ruesga v. Kindred Nursing Centers West, L.L.C. (2007)
arizctapp
“In our discretion, we address the estate’s new argument because it implicates the meaning and effect of a statute, A.R.S. § 12-1502. 4 . For that same reason, the estate waived its argument that “the trial court at least should have deferred enforcement [of the ADR agreement]…”
National Bank v. Schwartz (2012)
arizctapp
“We have jurisdiction. DISCUSSION ¶ 4 The trial court’s review on a motion to compel arbitration is limited to the determination as to whether an arbitration agreement exists.”
— Ariz. Rev. Stat. § 12-1502(B) — 5 cases
Wb, the Building Company, LLC. v. El Destino (2011)
arizctapp
“1985) (stating that section 4 of the Federal Arbitration Act is “very similar in purpose to A.R.S. § 12-1502.”). Given the substantial similarities between the statutory schemes, we believe that the same analysis is mandated by both sets of statutes.”
— Ariz. Rev. Stat. § 12-1502(D) — 9 cases
Ruesga v. Kindred Nursing Centers West, L.L.C. (2007)
arizctapp
“In our discretion, we address the estate’s new argument because it implicates the meaning and effect of a statute, A.R.S. § 12-1502. 4 . For that same reason, the estate waived its argument that “the trial court at least should have deferred enforcement [of the ADR agreement]…”
National Bank v. Schwartz (2012)
arizctapp
“We have jurisdiction. DISCUSSION ¶ 4 The trial court’s review on a motion to compel arbitration is limited to the determination as to whether an arbitration agreement exists.”
Broemmer v. Otto (1991)
arizctapp
“She also contends that the trial court violated A.R.S. § 12-1502 by failing to stay the suit pending arbitration.”
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