The party aggrieved by the alleged failure, neglect, or refusal of another to perform
under a written agreement for arbitration may petition the superior court for the
county in which any of the parties reside or has their place of business for an order
directing that the arbitration proceed in the manner provided for in the agreement.
If there are multiple parties seeking arbitration against the same party or parties,
the proceeding may be brought in any court and county where any of the parties seeking
arbitration resides or is doing business or where the arbitration was held or is pending.
Five (5) days’ notice in writing of the application shall be served upon the party
in default. Service thereof shall be made in the manner provided by law for the service
of a writ of summons. The court shall hear the parties, and upon being satisfied that
the making of the agreement for arbitration or the failure to comply therewith is
not in issue, the court shall make an order directing the parties to proceed to arbitration
in accordance with the terms of the agreement.
Notes of Decisions
Paolino v. Paolino, 420 A.2d 830 (R.I. 1980).
· cites it 2× “This is not to say that respondent may not have an action to enforce the arbitration clause but rather that said action must be pursued in the appropriate state court at the appropriate time.”
DelSignore v. Providence Journal Co., 691 A.2d 1050 (R.I. 1997).
· cites it 2× “1996) (considering analogous section of The Arbitration Act, G.L.1956 § 10-3-4; finding that "only recourse” for alleged breach of a contract to arbitrate "would be to petition the Superior Court for an order to enforce the terms of the arbitration agreement”).”
Solomon v. Progressive Cas. Ins. Co., 685 A.2d 1073 (R.I. 1996).
· cites it 2× “G.L. 1956 § 10-3-4. The plaintiff may not sustain a cause of action for compensatory or punitive damages and has thus failed to state a claim, under any set of circumstances, that would entitle him to the relief sought.”
Charles A. Anton v. Philippe L. Houze (R.I. 2022).
· cites it 2× “The Houzes waived their right to arbitration when they did not plead it in their answer, and when they failed to file a motion to compel arbitration pursuant to G.L. 1956 § 10-3-4. See JHRW, LLC v. Seaport Studios, Inc.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.