Utah Code » Title 78B, Chapter 11 — Utah Uniform Arbitration Act
Utah Code

Utah Code § 78B-11-108 (2026)

Motion to compel arbitration

✓ current as of May 2026
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On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:
if the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and
if the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.
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.
If the court finds that there is no enforceable agreement, it may not, pursuant to Subsection (1) or (2), order the parties to arbitrate.
The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
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 78B-11-128.
If a party makes a motion to 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.
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.
Notes of Decisions
Cited in 10 cases (7 in the last 5 years), 2010–2025 · leading case: Willow Creek Assoc. v. HY Barr Inc., 2021 UT App 116 (Utah Ct. App. 2021).
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Willow Creek Assoc. v. HY Barr Inc., 2021 UT App 116 (Utah Ct. App. 2021). · cites it 4× “¶32 If parties have “an agreement to arbitrate” and one party refuses to arbitrate, “the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.”
Createrra, Inc. v. Sundial, LC, 2013 UT App 141 (Utah Ct. App. 2013). · cites it 5× “See Utah Code Ann. § 78B-11-108(1) (LexisNexis 2012) ("[A] person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.”
Hitorq v. TCC Veterinary Servs., 2021 UT 69 (Utah 2021). · cites it 2× “‖7 ¶25 In this case, Dr. Pasquerello acknowledges that she agreed to the arbitration provision but argues that her claims fall outside the scope of that provision.”
Duke Capital v. Proctor, 2023 UT App 59 (Utah Ct. App. 2023). · cites it 3× “” Utah Code § 78B-11-108(1). And just like the prior act, the current act says that the district court “may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.”
Hitorq v. TCC Veterinary Servs., 2020 UT App 123 (Utah Ct. App. 2020). · cites it 2× “3d 1173 (cleaned up), the Utah Uniform Arbitration Act provides that “the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate,” Utah Code Ann. § 78B-11-108(1)(b) (LexisNexis…”
Georgia Noel Inman v. Matthew G. Grimmer, Individually Jacob R. Davis, Individually Grimmer & Assocs., P.C., a Utah Prof'l Corp. & Grimmer, Davis, Revelli & Ballif, a Utah Prof'l Corp., 2021 WY 55 (Wyo. 2021). · cites it 2× “if the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.”
DevIntent v. HeroDevs (D. Utah 2022). · cites it 5× “33 Utah Code § 78B-11-108(1)(b). 34 Id. § 78B-11-108(7).”
Bad Ass Coffee Co. of Hawaii v. Naughty Donkey Enter., LLC, 64 So. 3d 659 (Ala. Civ. App. 2010). “Utah Code Ann. § 78B-11-108 (1953), provides, in pertinent part: “(1) On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement: “(a) if the refusing party does not appear or does not oppose the motion,…”
Streeterville Capital v. Supercom Ltd (D. Utah 2024). · cites it 2× “Utah Code Ann. § 78B-11-108. In ruling on a motion to compel arbitration, “courts must resolve ‘whether the parties are bound by a given arbitration clause’ and ‘whether an arbitration clause in a concededly binding contract applies to a particular type of controversy.”
ERC Specialists, LLC v. Trenchless Evolutions (D. Utah 2025). · cites it 2× “2, 2008) (“The inquiry under Rule 12(b)(6) is whether the complaint contains enough facts to state a claim for relief that is plausible on its face. A Rule 12(b)(6) motion is not the proper procedural device to request dismissal for enforcement of a state court order to…”
— Utah Code § 78B-11-108(1) — 2 cases
Createrra, Inc. v. Sundial, LC, 2013 UT App 141 (Utah Ct. App. 2013). “See Utah Code Ann. § 78B-11-108(1) (LexisNexis 2012) ("[A] person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.”
Duke Capital v. Proctor, 2023 UT App 59 (Utah Ct. App. 2023). “” Utah Code § 78B-11-108(1). And just like the prior act, the current act says that the district court “may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.”
— Utah Code § 78B-11-108(1)(a) — 1 case
Hitorq v. TCC Veterinary Servs., 2021 UT 69 (Utah 2021). “‖7 ¶25 In this case, Dr. Pasquerello acknowledges that she agreed to the arbitration provision but argues that her claims fall outside the scope of that provision.”
— Utah Code § 78B-11-108(1)(b) — 5 cases
Willow Creek Assoc. v. HY Barr Inc., 2021 UT App 116 (Utah Ct. App. 2021). “¶32 If parties have “an agreement to arbitrate” and one party refuses to arbitrate, “the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.”
Hitorq v. TCC Veterinary Servs., 2021 UT 69 (Utah 2021). “‖7 ¶25 In this case, Dr. Pasquerello acknowledges that she agreed to the arbitration provision but argues that her claims fall outside the scope of that provision.”
Hitorq v. TCC Veterinary Servs., 2020 UT App 123 (Utah Ct. App. 2020). “3d 1173 (cleaned up), the Utah Uniform Arbitration Act provides that “the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate,” Utah Code Ann. § 78B-11-108(1)(b) (LexisNexis…”
Georgia Noel Inman v. Matthew G. Grimmer, Individually Jacob R. Davis, Individually Grimmer & Assocs., P.C., a Utah Prof'l Corp. & Grimmer, Davis, Revelli & Ballif, a Utah Prof'l Corp., 2021 WY 55 (Wyo. 2021). “if the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.”
DevIntent v. HeroDevs (D. Utah 2022). “33 Utah Code § 78B-11-108(1)(b). 34 Id. § 78B-11-108(7).”
— Utah Code § 78B-11-108(2) — 1 case
Createrra, Inc. v. Sundial, LC, 2013 UT App 141 (Utah Ct. App. 2013). “See Utah Code Ann. § 78B-11-108(1) (LexisNexis 2012) ("[A] person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.”
— Utah Code § 78B-11-108(4) — 1 case
Duke Capital v. Proctor, 2023 UT App 59 (Utah Ct. App. 2023). “” Utah Code § 78B-11-108(1). And just like the prior act, the current act says that the district court “may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.”
— Utah Code § 78B-11-108(7) — 2 cases
Georgia Noel Inman v. Matthew G. Grimmer, Individually Jacob R. Davis, Individually Grimmer & Assocs., P.C., a Utah Prof'l Corp. & Grimmer, Davis, Revelli & Ballif, a Utah Prof'l Corp., 2021 WY 55 (Wyo. 2021). “if the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.”
DevIntent v. HeroDevs (D. Utah 2022). “33 Utah Code § 78B-11-108(1)(b). 34 Id. § 78B-11-108(7).”
— Utah Code § 78B-11-108(8) — 1 case
Createrra, Inc. v. Sundial, LC, 2013 UT App 141 (Utah Ct. App. 2013). “See Utah Code Ann. § 78B-11-108(1) (LexisNexis 2012) ("[A] person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.”
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