1-567.38. Arbitration agreement and substantive claim before court.
(a) When a party to an international commercial arbitration agreement commences judicial proceedings seeking relief with respect to a matter covered by the agreement to arbitrate, any other party to the agreement may apply to the court for an order to stay the proceedings and compel arbitration.
(b) Arbitration proceedings may begin or continue, and an award may be made, while an action described in subsection (a) is pending before the court. (1991, c. 292, s. 1; 2017-171, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 45B - International Commercial Arbitration and Conciliation.
§ 1-567.30 - Preamble and short title.
§ 1-567.31 - Scope of application.
§ 1-567.32 - Definitions and rules of interpretation.
§ 1-567.33 - Receipt of written communications or submissions.
§ 1-567.34 - Waiver of right to object.
§ 1-567.35 - Extent of court intervention.
§ 1-567.36 - Venue and jurisdiction of courts.
§ 1-567.37 - Definition and form of arbitration agreement.
§ 1-567.38 - Arbitration agreement and substantive claim before court.
§ 1-567.39 - Interim relief and the enforcement of interim measures.
§ 1-567.40 - Number of arbitrators.
§ 1-567.41 - Appointment of arbitrators.
§ 1-567.43A - Disclosure by arbitrator.
§ 1-567.44 - Failure or impossibility to act.
§ 1-567.45 - Appointment of substitute arbitrator.
§ 1-567.46 - Competence of arbitral tribunal to rule on its jurisdiction.
§ 1-567.47 - Power of arbitral tribunal to order interim measures.
§ 1-567.48 - Equal treatment of parties; representation by attorney.
§ 1-567.49 - Determination of rules of procedure.
§ 1-567.50 - Place of arbitration.
§ 1-567.51 - Commencement of arbitral proceedings.
§ 1-567.53 - Statements of claim and defense.
§ 1-567.54 - Hearings and written proceedings.
§ 1-567.55 - Default of a party.
§ 1-567.56 - Expert appointed by arbitral tribunal.
§ 1-567.57 - Court assistance in obtaining discovery and taking evidence.
§ 1-567.58 - Rules applicable to substance of dispute.
§ 1-567.59 - Decision making by panel of arbitrators.
§ 1-567.61 - Form and contents of award.
§ 1-567.62 - Termination of proceedings.
§ 1-567.63 - Correction and interpretation of awards; additional awards.
§ 1-567.64 - Modifying or vacating of awards.
§ 1-567.65 - Confirmation and enforcement of awards.
§ 1-567.66 - Applications to court.
§ 1-567.68 - Recodified as § 1-567.33A by Session Laws 1997-368, s3.
§ 1-567.78 - Appointment of conciliators.
§ 1-567.80 - Report of conciliators.
§ 1-567.82 - Stay of arbitration; resort to other proceedings.
§ 1-567.83 - Termination of conciliation.
§ 1-567.84 - Enforceability of decree.
§ 1-567.86 - Effect on jurisdiction.
§ 1-567.87 - Immunity of conciliators and parties.
§ 1-567.88 - Uniformity of application and construction.
§ 1-567.89 - Relationship to federal Electronic Signatures in Global and National Commerce Act.