§ 10-3-5 - Determination as to whether issue is subject to arbitration.
SECTION 10-3-5
§ 10-3-5 Determination as to whether issueis subject to arbitration. – If the making of the arbitration agreement or the failure, neglect, or refusalto perform the arbitration agreement is in issue, the court shall proceedsummarily to the trial thereof. If no jury trial be demanded, the court shallhear and determine the issue. Where such an issue is raised, either party may,on or before the return day of the notice of application, demand a jury trialof the issue, and upon the demand of a jury trial the court shall make an orderreferring the issue or issues to a jury as in equity causes. If the jury findsthat no agreement in writing for arbitration was made, or that there is nodefault in proceeding thereunder, the proceeding shall be dismissed. If thejury finds that an agreement for arbitration was made in writing and that thereis a default in proceeding thereunder, the court shall make an order summarilydirecting the parties to proceed with the arbitration in accordance with theterms thereof.