Mich. Comp. Laws » Michigan Compiled Laws / Chapter 691 / Act 371 of 2012
Michigan Compiled Laws

Mich. Comp. Laws § 691.1687 (2026)

Order to compel or stay arbitration.

✓ current as of July 2026
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UNIFORM ARBITRATION ACT


Act 371 of 2012


691.1687 Order to compel or stay arbitration.

Sec. 7.

    (1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate under the agreement, the court shall do both of the following:

    (a) If the refusing party does not appear or does not oppose the motion, order the parties to arbitrate.

    (b) If the refusing party opposes the motion, proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

    (2) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

    (3) If the court finds that there is no enforceable agreement, it shall not order the parties to arbitrate under subsection (1) or (2).

    (4) The court shall not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

    (5) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court as provided in section 27.

    (6) If a party moves the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

    (7) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.

History: 2012, Act 371, Eff. July 1, 2013

Notes of Decisions
Cited in 19 cases (10 in the last 5 years), 2017–2025 · leading case: 20230209_C359213_45_359213.Opn.Pdf (Mich. Ct. App. 2023).
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20230209_C359213_45_359213.Opn.Pdf (Mich. Ct. App. 2023). · cites it 9× “See MCL 691.1687; MCR 3.602(C). Had the trial court stayed the lawsuit pending arbitration, instead of dismissing, it would have enforced the arbitration agreement while protecting Legacy’s compliance with the limitations period and ability to enforce the lien after arbitration.”
Deborah Moorehead v. Van Buren Pub. Schs. (Mich. Ct. App. 2025). · cites it 6× “She also argued that MCL 691.1687 and MCR 3.602(C), both of which pertain to arbitration, required the trial court to grant a stay.”
Arthur Breithaupt v. Howard Melam Fam. Lp (Mich. Ct. App. 2020). · cites it 5× “Under MCL 691.1687(1)(b), on motion of a person who establishes the existence of an arbitration agreement and alleges that another person has refused to arbitrate, if the person opposes the motion to compel arbitration, the circuit court shall “proceed summarily to decide the…”
Mbk Constructors Inc v. Lisa Lipcaman (Mich. Ct. App. 2019). · cites it 3× “Although the Uniform Arbitration Act provides that courts should generally decide whether the agreement to arbitrate exists and whether the agreement applies to a particular controversy, the Legislature also provided that the parties “may waive or . . . vary the effect of the…”
Est. of Abdel M Bazzy v. Citizens Ins. Co. of Am. (Mich. Ct. App. 2025). · cites it 3× “4 See also MCL 691.1687(2) of the UAA (“If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.”
Kostopoulos Rodriguez, PLLC v. Green Dryclean L3, Inc (E.D. Mich. 2020). · cites it 2× “Plaintiff’s Claim Satisfies the Amount in Controversy Requirement for Diversity Jurisdiction Plaintiff Law Firm first argues the present action should be remanded to Oakland County Circuit Court because it contends a declaratory judgment request under Michigan’s arbitration…”
Allie T Mallad v. Lefty's Holdings LLC (Mich. Ct. App. 2025). · cites it 2× “602(B)(2) is consistent with MCL 691.1687, and both the statute and court rule are in harmony with the settled law that a court can only compel arbitration on a party to an arbitration agreement, as arbitration is a matter of contract.”
Allie T Mallad v. Lefty's Holdings LLC (Mich. Ct. App. 2025). · cites it 2× “Section 7 of the UAA, MCL 691.1687, pertains to motions to compel or stay arbitration and provides, in subsection (7): If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration.”
20251117_C367941_47_367941.Opn.Pdf (Mich. Ct. App. 2025). · cites it 2× “See MCL 691.1687(7) (“If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration.”
Spence Bros. v. Kirby Steel Inc (Mich. Ct. App. 2017). “” MCL 691.1687(1)(b). “The existence of an arbitration agreement and the enforceability of its terms are judicial questions for the court, not the arbitrators.”
Spence Bros. v. Kirby Steel Inc (Mich. Ct. App. 2017). “” MCL 691.1687(1)(b). “The existence of an arbitration agreement and the enforceability of its terms are judicial questions for the court, not the arbitrators.”
Stephen Skalnek v. Richard Skalnek (Mich. Ct. App. 2017). “” MCL 691.1687(1)(b). 4 Paragraph 3 of the parties’ dispute resolution agreement states that “Weller or subsequently named third party is empowered to resolve the dispute either through facilitation or, if necessary, determining how the dispute will be resolved.”
Show all 19 citing cases →
— Mich. Comp. Laws § 691.1687(1) — 1 case
Allie T Mallad v. Lefty's Holdings LLC (Mich. Ct. App. 2025). “602(B)(2) is consistent with MCL 691.1687, and both the statute and court rule are in harmony with the settled law that a court can only compel arbitration on a party to an arbitration agreement, as arbitration is a matter of contract.”
— Mich. Comp. Laws § 691.1687(1)(b) — 10 cases
Spence Bros. v. Kirby Steel Inc (Mich. Ct. App. 2017). “” MCL 691.1687(1)(b). “The existence of an arbitration agreement and the enforceability of its terms are judicial questions for the court, not the arbitrators.”
Spence Bros. v. Kirby Steel Inc (Mich. Ct. App. 2017). “” MCL 691.1687(1)(b). “The existence of an arbitration agreement and the enforceability of its terms are judicial questions for the court, not the arbitrators.”
Stephen Skalnek v. Richard Skalnek (Mich. Ct. App. 2017). “” MCL 691.1687(1)(b). 4 Paragraph 3 of the parties’ dispute resolution agreement states that “Weller or subsequently named third party is empowered to resolve the dispute either through facilitation or, if necessary, determining how the dispute will be resolved.”
Stephen Skalnek v. Richard Skalnek (Mich. Ct. App. 2017).
Raghuram Elluru Md v. Great Lakes Plastic Reconstructive & Hand (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 691.1687(2) — 3 cases
Est. of Abdel M Bazzy v. Citizens Ins. Co. of Am. (Mich. Ct. App. 2025). “4 See also MCL 691.1687(2) of the UAA (“If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.”
Arthur Breithaupt v. Howard Melam Fam. Lp (Mich. Ct. App. 2020). “Under MCL 691.1687(1)(b), on motion of a person who establishes the existence of an arbitration agreement and alleges that another person has refused to arbitrate, if the person opposes the motion to compel arbitration, the circuit court shall “proceed summarily to decide the…”
The Dow Chem. Co. v. Auria Solutions USA Inc (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 691.1687(3) — 1 case
Arthur Breithaupt v. Howard Melam Fam. Lp (Mich. Ct. App. 2020). “Under MCL 691.1687(1)(b), on motion of a person who establishes the existence of an arbitration agreement and alleges that another person has refused to arbitrate, if the person opposes the motion to compel arbitration, the circuit court shall “proceed summarily to decide the…”
— Mich. Comp. Laws § 691.1687(4) — 1 case
Arthur Breithaupt v. Howard Melam Fam. Lp (Mich. Ct. App. 2020). “Under MCL 691.1687(1)(b), on motion of a person who establishes the existence of an arbitration agreement and alleges that another person has refused to arbitrate, if the person opposes the motion to compel arbitration, the circuit court shall “proceed summarily to decide the…”
— Mich. Comp. Laws § 691.1687(6) — 2 cases
20230209_C359213_45_359213.Opn.Pdf (Mich. Ct. App. 2023). “See MCL 691.1687; MCR 3.602(C). Had the trial court stayed the lawsuit pending arbitration, instead of dismissing, it would have enforced the arbitration agreement while protecting Legacy’s compliance with the limitations period and ability to enforce the lien after arbitration.”
Deborah Moorehead v. Van Buren Pub. Schs. (Mich. Ct. App. 2025). “She also argued that MCL 691.1687 and MCR 3.602(C), both of which pertain to arbitration, required the trial court to grant a stay.”
— Mich. Comp. Laws § 691.1687(7) — 6 cases
20251117_C367941_47_367941.Opn.Pdf (Mich. Ct. App. 2025). “See MCL 691.1687(7) (“If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration.”
Mbk Constructors Inc v. Lisa Lipcaman (Mich. Ct. App. 2019). “Although the Uniform Arbitration Act provides that courts should generally decide whether the agreement to arbitrate exists and whether the agreement applies to a particular controversy, the Legislature also provided that the parties “may waive or . . . vary the effect of the…”
Arthur Breithaupt v. Howard Melam Fam. Lp (Mich. Ct. App. 2020). “Under MCL 691.1687(1)(b), on motion of a person who establishes the existence of an arbitration agreement and alleges that another person has refused to arbitrate, if the person opposes the motion to compel arbitration, the circuit court shall “proceed summarily to decide the…”
20230209_C359213_45_359213.Opn.Pdf (Mich. Ct. App. 2023). “See MCL 691.1687; MCR 3.602(C). Had the trial court stayed the lawsuit pending arbitration, instead of dismissing, it would have enforced the arbitration agreement while protecting Legacy’s compliance with the limitations period and ability to enforce the lien after arbitration.”
Deborah Moorehead v. Van Buren Pub. Schs. (Mich. Ct. App. 2025). “She also argued that MCL 691.1687 and MCR 3.602(C), both of which pertain to arbitration, required the trial court to grant a stay.”
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