Alaska § 09.43.340 - Application to compel arbitration; stay of related proceedings.

Full text of Alaska Alaska Statutes § 09.43.340 — Application to compel arbitration; stay of related proceedings., with citation guidance and answers to common questions.

§ 09.43.340. Application to compel arbitration; stay of related proceedings.

 (a) On application of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate under the agreement,        (1) if the refusing party does not appear or does not oppose the application, the court shall order the parties to arbitrate; and

 (2) if the refusing party opposes the application, 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.

 (b) On application of a person alleging that an arbitration proceeding has been initiated or threatened but that there is not an agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, the court shall order the parties to arbitrate.

 (c) If the court finds that there is not an enforceable agreement, the court may not, under (a) or (b) of this section, order the parties to arbitrate.

 (d) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or because grounds for the claim have not been established.

 (e) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, an application under this section shall be made in that court. Otherwise, an application under this section may be made in any court as provided in AS 09.43.540 .

 (f) If a party makes an application to the court to order arbitration, the court shall, on just terms, stay a judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

 (g) If the court orders arbitration, the court shall, on just terms, stay a 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.

Source: official Alaska text · Last verified 2026-08-27

Frequently Asked Questions About Alaska § 09.43.340

What does Alaska Statutes § 09.43.340 cover?

Section 09.43.340 ("Application to compel arbitration; stay of related proceedings.") is part of the Alaska Statutes, the codified statutory law of Alaska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Alaska § 09.43.340?

A common citation format is "Alaska Statutes § 09.43.340" (Alaska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Alaska law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alaska official source linked on this page or consult a licensed Alaska attorney.

How does Alaska § 09.43.340 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alaska can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Alaska.