§ 10-3-4 - Petition for arbitration – Service, hearing, and reference.

SECTION 10-3-4

   § 10-3-4  Petition for arbitration –Service, hearing, and reference. – The party aggrieved by the alleged failure, neglect, or refusal of another toperform under a written agreement for arbitration may petition the superiorcourt for the county in which any of the parties reside or has his or her placeof business for an order directing that the arbitration proceed in the mannerprovided for in the agreement. Five (5) days' notice in writing of theapplication shall be served upon the party in default. Service thereof shall bemade in the manner provided by law for the service of a writ of summons. Thecourt shall hear the parties, and upon being satisfied that the making of theagreement for arbitration or the failure to comply therewith is not in issue,the court shall make an order directing the parties to proceed to arbitrationin accordance with the terms of the agreement.