(a) The making of an agreement for arbitration shall be deemed a consent of the parties
to the arbitration to the jurisdiction of the superior court of this state to enforce
the agreement. A party aggrieved by the failure, neglect, or refusal of another to
perform under a contract or submission providing for arbitration, may petition the
superior court, or a judge of that court, for an order directing that the arbitration
proceed in the manner provided for in the contract or submission.
(b) Five (5) days’ notice in writing of the application shall be served upon the party
in default. Service shall be made in the manner specified in the contract or submission,
and if no manner of service is specified, then in the manner provided by law for personal
service of a summons, within or without the state, or substituted service of a summons,
or upon satisfactory proof that the aggrieved party has been or will be unable with
due diligence to make service in any of the previously mentioned manners, then the
notice shall be served in the manner that the court or judge directs.
(c) A judge of the superior court shall hear the parties and upon being satisfied that
there is no substantial issue as to the making of the contract or submission or the
failure to comply with it, the court or the judge hearing the application shall make
an order directing the parties to proceed to arbitration in accordance with the terms
of the contract or submission.
Notes of Decisions
Providence Teachers Union v. Providence Sch. Bd., 689 A.2d 388 (R.I. 1997).
“Finally, subsection (2) of § 28-9-13 requires that a party that did not participate in arbitration proceedings, in this case the City of Providence (city) or a duly authorized agent, may be barred from contesting the validity of an agreement to arbitrate only if that party had…”
DelSignore v. Providence Journal Co., 691 A.2d 1050 (R.I. 1997).
· cites it 2× “See G.L.1956 § 28-9-5 ("[a] party aggrieved by the failure, neglect, or refusal of another to perform under a contract * * * providing for arbitration, may petition the Superior Court * * * for an order directing that the arbitration proceed in the manner provided for in the…”
Sch. Comm. of Pawtucket v. Pawtucket Teachers All. AFT Local 930, 390 A.2d 386 (R.I. 1978).
“1956 (1968 Reenactment) §28-9-13(b) provides that a party who has not participated in any arbitration proceedings or been served with an application to compel arbitration under §28-9-5, but who has been served with notice of an intention by another party to conduct arbitration…”
Providence Teachers Union v. Providence Sch. Comm., 440 A.2d 124 (R.I. 1982).
“y who has not participated in any of the proceedings had before the arbitrator *127 or arbitrators and who has not made or been served with an application to compel arbitration under § 28-9-5 may also put in issue the making of the contract or submission or the failure to comply…”
West Warwick Hous. Auth. v. RI Council 94, AFSCME, AFL-CIO, 277 A.3d 707 (R.I. 2022).
· cites it 3× ““(2) A party who has not participated in any of the proceedings before the arbitrator or arbitrators and who has not made or been served with an application to compel arbitration under § 28-9-5 may also put in issue the making of the contract or submission or the failure to…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.