District of Columbia Code
Chapter 44 - Arbitration; Revised Uniform Act
§ 16–4407. Motion to compel or stay arbitration

(a) On motion of 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 motion, the court shall order the parties to arbitrate; and
(2) If the refusing party opposes the motion, 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 motion of 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 party makes a motion to the court 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 under this section.
(f) 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.
(Feb. 27, 2008, D.C. Law 17-111, § 2(b), 55 DCR 1847.)
This section is referenced in § 16-4404.
Uniform Law: This section is based upon § 7 of the Uniform Arbitration Act (2000).

Structure District of Columbia Code

District of Columbia Code

Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]

Chapter 44 - Arbitration; Revised Uniform Act

§ 16–4401. Definitions

§ 16–4402. Notice

§ 16–4403. When chapter applies

§ 16–4404. Effect of agreement to arbitrate; nonwaivable provisions

§ 16–4405. Application for judicial relief

§ 16–4406. Validity of agreement to arbitrate

§ 16–4407. Motion to compel or stay arbitration

§ 16–4408. Provisional remedies

§ 16–4409. Initiation of arbitration

§ 16–4410. Consolidation of separate arbitration proceedings

§ 16–4411. Appointment of arbitrator; service as a neutral arbitrator

§ 16–4412. Disclosure by arbitrator

§ 16–4413. Action by majority

§ 16–4414. Immunity of arbitrator; competency to testify; attorney’s fees and costs

§ 16–4415. Arbitration process

§ 16–4416. Representation by lawyer

§ 16–4417. Witnesses; subpoenas; depositions; discovery

§ 16–4418. Judicial enforcement of preaward ruling by arbitrator

§ 16–4419. Award

§ 16–4420. Change of award by arbitrator

§ 16–4421. Remedies; fees and expenses of arbitration proceeding

§ 16–4422. Confirmation of award

§ 16–4423. Vacating award

§ 16–4424. Modification or correction of award

§ 16–4425. Judgment on award; attorney’s fees and litigation expenses

§ 16–4426. Jurisdiction

§ 16–4427. Appeals

§ 16–4428. Uniformity of application and construction

§ 16–4429. Relationship to Electronic Signatures in Global and National Commerce Act

§ 16–4430. Regulation of arbitration organizations

§ 16–4431. Disclosure of arbitration costs

§ 16–4432. Savings clause