New Jersey § 2a:23b-7
Full text of New Jersey New Jersey Statutes § 2a:23b-7, with citation guidance and answers to common questions.
§ 2a:23b-7.
a. On filing a summary action with the court by a person showing an agreement to arbitrate
and alleging another person's refusal to arbitrate pursuant to the agreement: (1) if the refusing party does not appear or does not oppose the summary action, the
court shall order the parties to arbitrate; and (2) if the refusing party opposes the summary action, 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 filing a summary action with the court by a person alleging that an arbitration
proceeding has been initiated or threatened but that there is no agreement to arbitrate,
the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall
order the parties to arbitrate. c. If the court finds that there is no enforceable agreement, it may not, pursuant
to subsection 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 grounds for the claim have not been established. e. If a proceeding involving a claim referable to arbitration pursuant to an alleged
agreement to arbitrate is pending in court, an application pursuant to this section
shall be made in that court. Otherwise, an application pursuant to this section may be made in any court as provided
in section 27 of this act. 1 f. If a party commences a summary action to order arbitration, the court on just terms
shall stay any judicial proceeding that involves a claim alleged to be subject to
the arbitration until the court renders a final decision pursuant to this section. g. If the court orders arbitration, the court on just terms shall stay any 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. 1
N.J.S.A. § 2A:23B-27.
Frequently Asked Questions About New Jersey § 2a:23b-7
What does New Jersey Statutes § 2a:23b-7 cover?
Section 2a:23b-7 is part of the New Jersey Statutes, the codified statutory law of New Jersey. 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 New Jersey § 2a:23b-7?
A common citation format is "New Jersey Statutes § 2a:23b-7" (New Jersey). 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 New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 2a:23b-7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey 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 New Jersey.