Wyo. Stat. » Wyo. Stat. / Title 01 - Civil Procedure / Chapter 36 - ARBITRATION / Article 4 - SPECIFIC PERFORMANCE; ACTIONS FOR
Wyoming Statutes

Wyo. Stat. § 1-36-104 (2026)

Duty of court on application of party to

✓ current as of May 2026
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arbitrate.

     (a) On application of a party showing an arbitration
agreement and the opposing party's refusal to arbitrate, the
court shall order the parties to proceed with arbitration. If
the opposing party denies the existence of the agreement to
arbitrate, the court shall proceed summarily to determine the
issue raised and shall order or deny arbitration accordingly.

     (b) 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 to compel
arbitration, the application shall be made therein. Otherwise
the application shall be made in the court of proper venue.

     (c) 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 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.

     (d) An order for arbitration shall not be refused on the
ground that the claim in issue lacks merit or because any fault
or grounds for the claim sought to be arbitrated have not been
shown.
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1986–2023 · leading case: Jackson State Bank v. Homar, 837 P.2d 1081 (Wyo. 1992).
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Jackson State Bank v. Homar, 837 P.2d 1081 (Wyo. 1992). · cites it 33× “The district court determined appellant's complaint and amended complaint to be deficient under Wyo.Stat. § 1-36-104 (June 1988) for failure to show appellees' refusal to arbitrate and surmised that the act of filing the complaint waived appellant's right to arbitrate its claim.”
Rick Miller, Appointed Wrongful Death Rep. for the Est. of Julia Faye Miller v. Life Care Centers of Am., Inc., a Foreign Corp. & Casper Operations, Llc, a Foreign Llc, D/B/A Life Care Ctr. of Casper, 2020 WY 155 (Wyo. 2020). · cites it 2× “Wyo. Stat. Ann. § 1-36-104 (LexisNexis 2019) states: (a) On application of a party showing an arbitration agreement and the opposing party’s refusal to arbitrate, the court shall order the parties to proceed with arbitration.”
Garaman, Inc. v. Williams, 912 P.2d 1121 (Wyo. 1996). · cites it 4× “When the architect denied that an agreement to arbitrate existed, the owner could have made a request under Wyo.Stat. § 1-36-104(a) (1977) 3 for the district court to summarily decide whether the parties were bound by the arbitration agreement.”
Hot Springs Cnty. Sch. Dist. No. 1 v. Strube Constr. Co., 715 P.2d 540 (Wyo. 1986). · cites it 4× “In reaching this decision, we are mindful of the provisions of § 1-36-104(a), W.S. 1977: "On application of a party showing an arbitration agreement and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration.”
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 6× “See Wyo. Stat. Ann. § 1-36-104 (c) (“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 or, if the issue is severable, the stay may be with respect thereto only.”
Fox v. Tanner, 2004 WY 157 (Wyo. 2004). · cites it 2× “The district court converted the motion into a motion to compel arbitration and stay proceedings pending arbitration pursuant to Wyo. Stat. Ann. § 1-36-104 (c) (Lexis Nexis 2003), applicable state and federal law, and the specific language used within the subject arbitration…”
Wild West Trading Co. v. Gbs&h Architects, Landscape Architects, Planners, Inc., 881 P.2d 1070 (Wyo. 1994). · cites it 2× “stipulate in accordance with Section 1-36-104(c) of the W.S., 1977, as amended that the above-entitled Civil Action shall be stayed as to claims arbitra[]ble under the parties' contract until the American Arbitration Association panel has issued its findings and the same are…”
Pioneer Water & Sewer Dist. v. Civil Eng'g Professionals, Inc., 905 P.2d 1245 (Wyo. 1995). · cites it 2× “Pioneer states this issue: *1246 Did the district court err in determining that a cause of action to compel arbitration under W.S. § 1-36-104 begins to accrue as of the date of the formation of the contract which provides for arbitration? CEP asks: 1.”
Pioneer Wtr. & Sew. v. Civ. Eng'r. Pro., 905 P.2d 1245 (Wyo. 1995). · cites it 4× “Pioneer states this issue: *1246 Did the district court err in determining that a cause of action to compel arbitration under W.S. § 1-36-104 begins to accrue as of the date of the formation of the contract which provides for arbitration? CEP asks: 1.”
Empres At Riverton, Llc D/B/A Wind River Rehab. & Wellness, a Foreign Llc Empres Wyoming Healthcare, Llc, a Foreign Llc Empres Healthcare Grp., Inc., a Foreign Corp. Empres Fin. Servs., Llc, a Foreign Llc & Empres Healthcare Mgmt., Llc, a Foreign Llc v. Teri Osborne, Appointed Wrongful Death Rep. & Special Adm'r for the Est. of Loy Forshee, 2023 WY 112 (Wyo. 2023). · cites it 4× “Among our other findings, we noted the party seeking arbitration acted with the intent to arbitrate despite needing to go through the steps of pretrial litigation in the absence of a stay; there was no indication of bad faith or willful misconduct; no adjudication of the merits…”
— Wyo. Stat. § 1-36-104(a) — 4 cases
Jackson State Bank v. Homar, 837 P.2d 1081 (Wyo. 1992). “The district court determined appellant's complaint and amended complaint to be deficient under Wyo.Stat. § 1-36-104 (June 1988) for failure to show appellees' refusal to arbitrate and surmised that the act of filing the complaint waived appellant's right to arbitrate its claim.”
Garaman, Inc. v. Williams, 912 P.2d 1121 (Wyo. 1996). “When the architect denied that an agreement to arbitrate existed, the owner could have made a request under Wyo.Stat. § 1-36-104(a) (1977) 3 for the district court to summarily decide whether the parties were bound by the arbitration agreement.”
Hot Springs Cnty. Sch. Dist. No. 1 v. Strube Constr. Co., 715 P.2d 540 (Wyo. 1986). “In reaching this decision, we are mindful of the provisions of § 1-36-104(a), W.S. 1977: "On application of a party showing an arbitration agreement and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration.”
Pioneer Wtr. & Sew. v. Civ. Eng'r. Pro., 905 P.2d 1245 (Wyo. 1995). “Pioneer states this issue: *1246 Did the district court err in determining that a cause of action to compel arbitration under W.S. § 1-36-104 begins to accrue as of the date of the formation of the contract which provides for arbitration? CEP asks: 1.”
— Wyo. Stat. § 1-36-104(a)(1988) — 1 case
Pioneer Wtr. & Sew. v. Civ. Eng'r. Pro., 905 P.2d 1245 (Wyo. 1995). “Pioneer states this issue: *1246 Did the district court err in determining that a cause of action to compel arbitration under W.S. § 1-36-104 begins to accrue as of the date of the formation of the contract which provides for arbitration? CEP asks: 1.”
— Wyo. Stat. § 1-36-104(c) — 1 case
Wild West Trading Co. v. Gbs&h Architects, Landscape Architects, Planners, Inc., 881 P.2d 1070 (Wyo. 1994). “stipulate in accordance with Section 1-36-104(c) of the W.S., 1977, as amended that the above-entitled Civil Action shall be stayed as to claims arbitra[]ble under the parties' contract until the American Arbitration Association panel has issued its findings and the same are…”
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