(a) On application of a party showing an agreement described in section 25-2602.01 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 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 25-2619, such 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
Garlock v. 3DS Props., L. L.C., 303 Neb. 521 (Neb. 2019).
· cites it 12× “21 Section 25-2620 of the UAA provides: (a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under section 25-2603; (2) An order granting an application to stay arbitration made under subsection (b) of section 25-2603; *512 (3) An order…”
Pearce v. Mut. of Omaha Ins. Co., 293 Neb. 277 (Neb. 2016).
· cites it 9× “” In an order entered on September 29, 2014, the district court denied Pearce’s motion to compel arbitration, explaining: The Court’s power to compel arbitration is defined by Neb. Rev. Stat. § 25-2603 (a), which requires the moving party to make a “showing of an agreement” to…”
Cullinane v. Beverly Enters.-Neb., Inc., 300 Neb. 210 (Neb. 2018).
· cites it 5× “Section 25-2603 does not defeat the FAA's objective, expressed in § 4, that if the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereon.”
McPherson v. Walgreens Boot All., 993 N.W.2d 679 (Neb. 2023).
· cites it 9× “” On July 1, 2022, Patera filed a motion in the district court case to stay the arbitration, expressly relying on Neb. Rev. Stat. § 25-2603 (Reissue 2016) of Nebraska’s Uniform Arbitration Act (UAA).”
Cinatl v. Prososki, 307 Neb. 477 (Neb. 2020).
· cites it 4× “Under § 25-2620(a), an appeal may be taken from the following: (1) An order denying an application to compel arbitra- tion made under section 25-2603; (2) An order granting an application to stay arbitration made under subsection (b) of section 25-2603; (3) An order confirming…”
Cullinane v. Beverly Enters. - Neb., 300 Neb. 210 (Neb. 2018).
· cites it 9× “Under Neb. Rev. Stat. § 25-2603 (a) (Reissue 2016), on application of a party showing a valid arbitration agreement 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…”
Garlock v. 3DS Props., 303 Neb. 521 (Neb. 2019).
· cites it 10× “21 Section 25-2620 of the UAA provides: (a) An appeal may be taken from: (1) An order denying an application to compel arbitra- tion made under section 25-2603; (2) An order granting an application to stay arbitration made under subsection (b) of section 25-2603; (3) An order…”
Omaha Cold Storage Terminals, Inc. v. Patterson, 733 N.W.2d 219 (Neb. Ct. App. 2007).
· cites it 8× “district court cited the following reasons: because Patterson waited until approximately 2 weeks prior to trial to request a jury; because Patterson’s requests for arbitration and a jury trial on the issue of whether there existed an agreement to arbitrate were “inconsistent”;…”
— Neb. Rev. Stat. § 25-2603(a) — 4 cases
Cullinane v. Beverly Enters.-Neb., Inc., 300 Neb. 210 (Neb. 2018).
“Section 25-2603 does not defeat the FAA's objective, expressed in § 4, that if the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereon.”
Pearce v. Mut. of Omaha Ins. Co., 293 Neb. 277 (Neb. 2016).
“” In an order entered on September 29, 2014, the district court denied Pearce’s motion to compel arbitration, explaining: The Court’s power to compel arbitration is defined by Neb. Rev. Stat. § 25-2603 (a), which requires the moving party to make a “showing of an agreement” to…”
Cullinane v. Beverly Enters. - Neb., 300 Neb. 210 (Neb. 2018).
“Under Neb. Rev. Stat. § 25-2603 (a) (Reissue 2016), on application of a party showing a valid arbitration agreement 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…”
— Neb. Rev. Stat. § 25-2603(b) — 4 cases
Garlock v. 3DS Props., L. L.C., 303 Neb. 521 (Neb. 2019).
“21 Section 25-2620 of the UAA provides: (a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under section 25-2603; (2) An order granting an application to stay arbitration made under subsection (b) of section 25-2603; *512 (3) An order…”
McPherson v. Walgreens Boot All., 993 N.W.2d 679 (Neb. 2023).
“” On July 1, 2022, Patera filed a motion in the district court case to stay the arbitration, expressly relying on Neb. Rev. Stat. § 25-2603 (Reissue 2016) of Nebraska’s Uniform Arbitration Act (UAA).”
Garlock v. 3DS Props., 303 Neb. 521 (Neb. 2019).
“21 Section 25-2620 of the UAA provides: (a) An appeal may be taken from: (1) An order denying an application to compel arbitra- tion made under section 25-2603; (2) An order granting an application to stay arbitration made under subsection (b) of section 25-2603; (3) An order…”
Omaha Cold Storage Terminals, Inc. v. Patterson, 733 N.W.2d 219 (Neb. Ct. App. 2007).
“district court cited the following reasons: because Patterson waited until approximately 2 weeks prior to trial to request a jury; because Patterson’s requests for arbitration and a jury trial on the issue of whether there existed an agreement to arbitrate were “inconsistent”;…”
— Neb. Rev. Stat. § 25-2603(d) — 1 case
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