Vermont § 5674 - Proceedings to compel or stay arbitration

§ 5674. Proceedings to compel or stay arbitration

• (a) On application of a party showing an agreement subject to this chapter and the opposing
  party’s refusal to arbitrate, the court shall order the parties to proceed with arbitration.
  If the opposing party denies the existence of the agreement, the court shall determine
  the issue summarily. If the court finds for the moving party, it shall order the
  parties to proceed with arbitration. Otherwise, the application shall be denied. (b) On application to compel or stay arbitration, and on a showing that there is no agreement
  to arbitrate, the court may stay a commenced or threatened arbitration proceeding.
  When in substantial and bona fide dispute, the issue of whether there is an agreement
  to arbitrate shall be forthwith and summarily tried. The court shall order the stay
  if it finds no enforceable agreement to arbitrate. Otherwise, the court shall order
  the parties to proceed to arbitration. (c) When the existence or validity of an agreement to arbitrate or a party’s refusal to
  arbitrate is in substantial and bona fide dispute, the court shall proceed summarily
  to the determination of the issue. (d) Notwithstanding section 5672 of this title relating to venue, if an issue referable to arbitration under an alleged agreement
  is involved in an action or proceeding pending in a Superior Court, applications to
  compel or to stay arbitration shall be made only to that court. (e) Any action or civil proceeding involving an issue which is subject to arbitration
  shall be stayed if an order to compel arbitration or an application therefor has been
  made. If the issue is severable, the stay may be with respect only to that issue.
  When application to compel arbitration is made to a court other than the one in which
  the action or proceeding is pending, any order to compel arbitration shall include
  that stay. (f) An order to compel arbitration shall not be refused on the ground that the claim in
  issue lacks merits or bona fides nor because the applicant has failed to show fault
  or grounds for the claim sought to be arbitrated. (Added 1985, No. 95, § 2.)