§ 3-208. Stay of arbitration  


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  •    (a) Petition to stay. -- If a party denies existence of the arbitration agreement, he may petition a court to stay commenced or threatened arbitration proceedings.

    (b) Filing of petition. --

       (1) A petition to stay arbitration shall be filed with the court where a petition to order arbitration has been filed.

       (2) If a petition for order to arbitrate has not been filed, the petition to stay arbitration may be filed in any court subject to venue provisions of Title 6 of this article.

    (c) Determination of existence of arbitration agreement. -- If the court determines that existence of the arbitration agreement is in substantial and bona fide dispute, it shall try this issue promptly and order a stay if it finds for the petitioner. If the court finds for the adverse party, it shall order the parties to proceed with arbitration.


HISTORY: An. Code 1957, art. 7, § 2; 1973, 1st Sp. Sess., ch. 2, § 1.