(a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement, the court shall order the parties to arbitrate if the refusing party does not appear or does not oppose the motion. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue. Unless the court finds that there is no enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties 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. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.
(c) 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.
(d) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be filed in that court. Otherwise, a motion under this section may be filed in any court as required by section 572B.27.
(e) If a party files a motion with the court to order arbitration under this section, the court shall on just terms 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 shall on just terms stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may sever it and limit the stay to that claim.
2010 c 264 art 1 s 7,33
Structure Minnesota Statutes
Chapters 570 - 583 — Postjudgment Remedies; Alternative Dispute Resolution; Bonds
Chapter 572B — Uniform Arbitration Act
Section 572B.01 — Definitions.
Section 572B.03 — When Act Applies.
Section 572B.04 — Effect Of Agreement To Arbitrate; Nonwaivable Provisions.
Section 572B.05 — Application To Court.
Section 572B.06 — Validity Of Agreement To Arbitrate.
Section 572B.07 — Motion To Compel Or Stay Arbitration.
Section 572B.08 — Provisional Remedies.
Section 572B.09 — Initiation Of Arbitration.
Section 572B.10 — Consolidation Of Separate Arbitration Proceedings.
Section 572B.11 — Appointment Of Arbitrator; Service As A Neutral Arbitrator.
Section 572B.12 — Disclosure By Arbitrator.
Section 572B.13 — Action By Majority.
Section 572B.14 — Immunity Of Arbitrator; Competency To Testify; Attorney Fees And Costs.
Section 572B.15 — Arbitration Process.
Section 572B.16 — Representation By Lawyer.
Section 572B.17 — Witnesses; Subpoenas; Depositions; Discovery.
Section 572B.18 — Court Enforcement Of Pre-award Ruling By Arbitrator.
Section 572B.20 — Change Of Award By Arbitrator.
Section 572B.21 — Remedies; Fees And Expenses Of Arbitration Proceeding.
Section 572B.22 — Confirmation Of Award.
Section 572B.23 — Vacating Award.
Section 572B.24 — Modification Or Correction Of Award.
Section 572B.25 — Judgment On Award; Attorney Fees And Litigation Expenses.
Section 572B.26 — Jurisdiction.
Section 572B.30 — Savings Clause.
Section 572B.31 — Relationship To Electronic Signatures In Global And National Commerce Act.