(1) On application of a party showing an agreement described in KRS 417.050, and the
opposing party's refusal to arbitrate, the court shall order the parties to proceed with
arbitration. 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. The
court shall order arbitration if found for the moving party; otherwise, the application
shall be denied.
(2) 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.
(3) 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 (1) of this section, the application shall be made therein.
Otherwise and subject to KRS 417.210, the application may be made in any court of
competent jurisdiction.
(4) 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.
(5) 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.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 278, sec. 2, effective July 13, 1984.
Notes of Decisions
Kindred Nursing Centers Ltd. P'ship v. Sloan, 329 S.W.3d 347 (Ky. Ct. App. 2010).
· cites it 4× “Under KRS 417.060, a person may seek a judicial order to compel arbitration upon a showing that a valid arbitration agreement exists and that the opposing party refuses to arbitrate.”
Conseco Fin. Servicing Corp. v. Wilder, 47 S.W.3d 335 (Ky. Ct. App. 2001).
· cites it 2× “KRS 417.060 provides in pertinent part that (1) On application of a party showing an agreement described in KRS 417.”
Louisville Peterbilt, Inc. v. Cox, 132 S.W.3d 850 (Ky. 2004).
· cites it 2× “KRS 417.060 provides the remedies available to a party seeking to compel arbitration: (1) On application of a party showing an agreement described in KRS 417.”
Extendicare Homes, Inc. v. Whisman, 478 S.W.3d 306 (Ky. 2015).
· cites it 2× “This stay of proceedings is essentially the same procedure outlined in 9 U.S.C. § 3 : If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which…”
Padgett v. Steinbrecher, 355 S.W.3d 457 (Ky. Ct. App. 2011).
· cites it 2× “220(l)(a), in particular, provides that “[a]n appeal may be taken from an order denying an application to compel arbitration made under KRS 417.060.” Here, Padgett filed a motion to dismiss in favor of arbitration and the circuit court ultimately entered an order denying…”
Gen. Steel Corp. v. Collins, 196 S.W.3d 18 (Ky. Ct. App. 2006).
· cites it 2× “) KRS 417.060 provides: (1) On application of a party showing an agreement described in KRS 417.”
Jackson v. MacKin, 277 S.W.3d 626 (Ky. Ct. App. 2009).
· cites it 3× “The burden was then upon Mackin to comply with the terms of the contract and KRS 417.060 to compel arbitration, which he failed to do within the time required.”
Dutschke v. Jim Russell Realtors, Inc., 281 S.W.3d 817 (Ky. Ct. App. 2008).
· cites it 2× “090, as to prejudice substantially the rights of a party; or (e) There was no arbitration agreement and the issue was not adversely determined in proceedings under KRS 417.060 and the party did not participate in the arbitration hearing without raising the objection; but the…”
Ally Cat, LLC v. Chauvin, 274 S.W.3d 451 (Ky. 2009).
“050; and 3) intermediate relief was warranted even if the trial court had subject matter jurisdiction. We reverse. I. The HOLW’s Arbitration Provision Fails to Satisfy the Provisions of KRS 417.”
— Ky. Rev. Stat. § 417.060(1) — 13 cases
Kindred Nursing Centers Ltd. P'ship v. Sloan, 329 S.W.3d 347 (Ky. Ct. App. 2010).
“Under KRS 417.060, a person may seek a judicial order to compel arbitration upon a showing that a valid arbitration agreement exists and that the opposing party refuses to arbitrate.”
Padgett v. Steinbrecher, 355 S.W.3d 457 (Ky. Ct. App. 2011).
“220(l)(a), in particular, provides that “[a]n appeal may be taken from an order denying an application to compel arbitration made under KRS 417.060.” Here, Padgett filed a motion to dismiss in favor of arbitration and the circuit court ultimately entered an order denying…”
Gen. Steel Corp. v. Collins, 196 S.W.3d 18 (Ky. Ct. App. 2006).
“) KRS 417.060 provides: (1) On application of a party showing an agreement described in KRS 417.”
— Ky. Rev. Stat. § 417.060(2) — 4 cases
— Ky. Rev. Stat. § 417.060(3) — 2 cases
— Ky. Rev. Stat. § 417.060(4) — 9 cases
Extendicare Homes, Inc. v. Whisman, 478 S.W.3d 306 (Ky. 2015).
“This stay of proceedings is essentially the same procedure outlined in 9 U.S.C. § 3 : If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which…”
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