Idaho Code

Idaho Code § 7-902 (2026)

Proceedings to compel or stay arbitration.

✓ current as of May 2026

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Proceedings to compel or stay arbitration.

(a) On application of a party showing an agreement described in section 7-901, Idaho Code, 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 subdivision (a) of this section, the application shall be made therein. Otherwise and subject to section 7-918, Idaho Code, 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

Cited in 22 cases (3 in the last 5 years), 1982–2026 · leading case: Loomis, Inc. v. Cudahy, 656 P.2d 1359 (Idaho 1982).

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Loomis, Inc. v. Cudahy, 656 P.2d 1359 (Idaho 1982). · cites it 33× “Idaho Code 7-902 seems to me to make that an almost a mandatory obligation on my part.”

Storey Constr. Inc. v. Hanks, 224 P.3d 468 (Idaho 2009). · cites it 24× “On February 19, 2008, the Contractor filed a "Motion to Temporarily Stay Arbitration Pending Hearing Re: Res Judicata, " pursuant to Idaho Code § 7-902 (b). In support of its motion, the Contractor contended that under its contract with the Trustee, the parties had not agreed to…”

Idaho First Bank v. Bridges, 426 P.3d 1278 (Idaho 2018). · cites it 4× “Therefore, the district court did not have jurisdiction to rule on the motion to stay arbitration under Rule 13(b)(13) because it was not a motion to enforce the court's judgment.”

Emery v. United Pac. Ins., 815 P.2d 442 (Idaho 1991). · cites it 7× “On January 4, 1989, after the district court action had been filed, United Pacific filed a petition to compel arbitration pursuant to I.C. § 7-902 [1] and upon the arbitration clause contained in the insurance policy.”

Dan Wiebold Ford, Inc. v. Universal Comput. Consulting Holding, Inc., 127 P.3d 138 (Idaho 2005). · cites it 4× “NOTES [1] That statute provides: (a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under section 7-912, Idaho Code; (2) An order granting an application to stay arbitration made under section 7-902(b), Idaho Code; (3) An order…”

Inland Grp. of Companies, Inc. v. Providence Washington Ins. Co., 985 P.2d 674 (Idaho 1999). · cites it 4× “Walden objected and sought to have Nationwide's motion treated as an application for arbitration and stay of proceedings under I.C. § 7-902. The district court refused to treat the motion as an application for arbitration and declined to stay the proceedings because Walden was…”

Carroll v. MBNA Am. Bank, 220 P.3d 1080 (Idaho 2009). · cites it 2× “d to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 7-905, Idaho Code, as to prejudice substantially the rights of a party; or…”

Lewis v. CEDU Educ. Servs., Inc., 15 P.3d 1147 (Idaho 2000). · cites it 4× “CEDU argues that I.C. § 7-902(c) permits the court to stay arbitration “if an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court____” This statute closely parallels Section 3 of the Federal Arbitration Act, which…”

Deeds v. Regence Blueshield of Idaho, 141 P.3d 1079 (Idaho 2006). · cites it 4× “That statute provides: (a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under section 7-919, Idaho Code; (2) An order granting an application to stay arbitration made under section 7-902(b), Idaho Code; (3) An order confirming or…”

Landmark v. Mader Agency, Inc., 878 P.2d 773 (Idaho 1994). · cites it 4× “d to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 7-905, Idaho Code, as to prejudice substantially the rights of a party; or…”

Am. & Foreign Ins. Co. v. Reichert, 94 P.3d 699 (Idaho 2004). · cites it 2× “d to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 7-905, Idaho Code, as to prejudice substantially the rights of a party; or…”

Walden v. Nationwide Ins., 951 P.2d 949 (Idaho 1998). · cites it 6× “The district court concluded that the provisions of I.C. § 7-902 were inapplicable to the case and, therefore, refused to stay the proceedings, reasoning that it was Walden who refused to arbitrate, not Nationwide.”

Show all 22 citing cases →

— Idaho Code § 7-902(a) — 4 cases

Loomis, Inc. v. Cudahy, 656 P.2d 1359 (Idaho 1982). “Idaho Code 7-902 seems to me to make that an almost a mandatory obligation on my part.”

Stiffler v. Hydroblend, Inc., 535 P.3d 606 (Idaho 2023).

Walden v. Nationwide Ins., 951 P.2d 949 (Idaho 1998). “The district court concluded that the provisions of I.C. § 7-902 were inapplicable to the case and, therefore, refused to stay the proceedings, reasoning that it was Walden who refused to arbitrate, not Nationwide.”

S.D. Sanders, Inc. v. Hazard (In re Hazard), 543 B.R. 650 (Bankr. D. Idaho 2015).

— Idaho Code § 7-902(b) — 7 cases

Storey Constr. Inc. v. Hanks, 224 P.3d 468 (Idaho 2009). “On February 19, 2008, the Contractor filed a "Motion to Temporarily Stay Arbitration Pending Hearing Re: Res Judicata, " pursuant to Idaho Code § 7-902 (b). In support of its motion, the Contractor contended that under its contract with the Trustee, the parties had not agreed to…”

Idaho First Bank v. Bridges, 426 P.3d 1278 (Idaho 2018). “Therefore, the district court did not have jurisdiction to rule on the motion to stay arbitration under Rule 13(b)(13) because it was not a motion to enforce the court's judgment.”

Dan Wiebold Ford, Inc. v. Universal Comput. Consulting Holding, Inc., 127 P.3d 138 (Idaho 2005). “NOTES [1] That statute provides: (a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under section 7-912, Idaho Code; (2) An order granting an application to stay arbitration made under section 7-902(b), Idaho Code; (3) An order…”

Deeds v. Regence Blueshield of Idaho, 141 P.3d 1079 (Idaho 2006). “That statute provides: (a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under section 7-919, Idaho Code; (2) An order granting an application to stay arbitration made under section 7-902(b), Idaho Code; (3) An order confirming or…”

Clearwater REI v. Mark Boling, 318 P.3d 944 (Idaho 2014).

— Idaho Code § 7-902(c) — 1 case

Lewis v. CEDU Educ. Servs., Inc., 15 P.3d 1147 (Idaho 2000). “CEDU argues that I.C. § 7-902(c) permits the court to stay arbitration “if an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court____” This statute closely parallels Section 3 of the Federal Arbitration Act, which…”

— Idaho Code § 7-902(d) — 3 cases

Stiffler v. Hydroblend, Inc., 535 P.3d 606 (Idaho 2023).

Accomazzo v. CEDU Educ. Servs., Inc., 15 P.3d 1153 (Idaho 2000).

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