§ 16-108-202 - Proceedings to compel or stay arbitration.
               	 		
16-108-202.    Proceedings to compel or stay arbitration.
    (a)  On  application of a party showing an agreement described in    16-108-201  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  arbitration if found 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 subdivision (a) of this section, the application  shall be made therein. Otherwise, and subject to    16-108-218, the  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 the action or  proceeding, the order for arbitration shall include the 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.