Section 2. (a) A party aggrieved by the failure or refusal of another to proceed to arbitration under an agreement described in section one may apply to the superior court for an order directing the parties to proceed to 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 and shall, if it finds for the applicant, order arbitration; otherwise, the application shall be denied.
(b) Upon application, the superior court may stay an arbitration proceeding commenced or threatened if it finds that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily determined, and if the court finds for the applicant it shall order a stay of arbitration; otherwise 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 paragraph (a), the application shall be made therein, otherwise and subject to section seventeen, 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 to such issue 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 82
cases (7 in the last 5 years), 1967–2025 · leading case: O'Brien v. Hanover Ins., 692 N.E.2d 39 (Mass. 1998).
O'Brien v. Hanover Ins., 692 N.E.2d 39 (Mass. 1998). · cites it 6דOn April 3, 1997, pursuant to the stipulation and G. L. c. 251, § 2, O’Brien filed an application for a stay of arbitration.”
St. Fleur v. WPI Cable Sys./Mutron, 879 N.E.2d 27 (Mass. 2008). · cites it 5ד§ 4 does not apply in this situation, its Massachusetts counterpart, G. L. c. 251, § 2, applies unless that statute undermines the purposes of the Federal Act.”
Miller v. Cotter, 448 Mass. 671 (Mass. 2007). · cites it 2דSee G. L. c. 251, § 2 (a) (judge shall proceed summarily to determine existence of arbitration agreement).”
Warfield v. Beth Israel Deaconess Med. Ctr., Inc., 910 N.E.2d 317 (Mass. 2009). · cites it 3דThe defendants moved to dismiss the case and to compel arbitration of Warfield’s claims pursuant to G. L. c. 251, § 2. 7 On September 15, 2008, a judge in the Superior Court denied the defendants’ motions.”
McInnes v. LPL Fin., LLC, 994 N.E.2d 790 (Mass. 2013). · cites it 3דThe defendants moved pursuant to G. L. c. 251, § 2, of the Massachusetts Arbitration Act (MAA), for a stay of the court proceedings and an order compelling the parties to proceed to arbitration.”
Hannon v. Original Gunite Aquatech Pools, Inc., 434 N.E.2d 611 (Mass. 1982). · cites it 2דG. L. c. 251, § 2. After three days of hearings, the arbitrator made an award requiring Aquatech to remedy certain defects in the swimming pool and finding that Hannon owed Aquatech $635, the balance due on the contract, plus $848.”
Massachusetts High. Dep't v. Perini Corp., 444 Mass. 366 (Mass. 2005). · cites it 2דOn November 16, the project filed suit in the Superior Court to stay the board’s proceedings pursuant to G. L. c. 251, § 2. Notwithstanding the lawsuit, proceedings before the board continued, the project objecting to the board’s jurisdiction on the ground that the project’s…”
Home Gas Corp. of Massachusetts, Inc. v. Walter's of Hadley, Inc., 532 N.E.2d 681 (Mass. 1989). · cites it 2דA motion for stay of arbitration is governed by the Uniform Arbitration Act, set forth in G. L. c. 251, § 2 (b) (1986 ed.), which provides in part that the court “may stay an arbitration proceeding commenced or threatened if it finds that there is no agreement to arbitrate.”
Feeney v. Dell Inc., 454 Mass. 192 (Mass. 2009). “§ 4 because the order “could have been entered” pursuant to the analogous section of the Massachusetts Uniform Arbitration Act, G. L. c. 251, § 2 (a). That section provides that a party may apply “to the superior court” for an order compelling arbitration.”
City of Lawrence v. Falzarano, 402 N.E.2d 1017 (Mass. 1980). “G. L. c. 251, § 2 (b). This action has no bearing on the issues before us.”
Hanslin Builders, Inc. v. Britt Dev. Corp., 445 N.E.2d 188 (Mass. App. Ct. 1983). · cites it 3דThe defendants did not seek an order to compel arbitration *322 under G. L. c. 251, § 2(a), and there is nothing in the record to indicate that the motion judge or the parties treated the motion for a stay as a motion for an order to compel arbitration.”
Rae F. Gill, P.C. v. DiGiovanni, 612 N.E.2d 1205 (Mass. App. Ct. 1993). · cites it 2דWe conclude that although the plaintiff 2 is a third-party beneficiary of Louis’s promise to pay Mary’s reasonable attorneys’ fees and although the separation agreement gives the right to elect the remedy to whichever party is seeking enforcement of its terms, the plaintiff has…”
Hanslin Builders, Inc. v. Britt Dev. Corp., 445 N.E.2d 188 (Mass. App. Ct. 1983). “The defendants did not seek an order to compel arbitration *322 under G. L. c. 251, § 2(a), and there is nothing in the record to indicate that the motion judge or the parties treated the motion for a stay as a motion for an order to compel arbitration.”
Rae F. Gill, P.C. v. DiGiovanni, 612 N.E.2d 1205 (Mass. App. Ct. 1993). “We conclude that although the plaintiff 2 is a third-party beneficiary of Louis’s promise to pay Mary’s reasonable attorneys’ fees and although the separation agreement gives the right to elect the remedy to whichever party is seeking enforcement of its terms, the plaintiff has…”
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