21-25A-5. Application to compel arbitration--Order to arbitrate or denial of application.
On application of a party showing an agreement described in §21-25A-1, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party, otherwise, the application shall be denied.
Source: SL 1971, ch 157, §2.
Structure South Dakota Codified Laws
Chapter 25A - Enforcement Of Arbitration Agreements
Section 21-25A-1 - Enforceability of arbitration clauses in written contracts--Labor contracts.
Section 21-25A-2 - Chapter prospective only.
Section 21-25A-3 - Insurance policies not covered--Arbitration agreements void.
Section 21-25A-4 - Circuit court jurisdiction of proceedings.
Section 21-25A-5 - Application to compel arbitration--Order to arbitrate or denial of application.
Section 21-25A-6 - Merits of claim not considered on application to compel arbitration.
Section 21-25A-7 - Stay of judicial proceedings on arbitrable issue--Severance of issues.
Section 21-25A-9 - Appointment of arbitrators according to agreement--Appointment by court.
Section 21-25A-10 - Arbitrators acting by majority.
Section 21-25A-11 - Time and place of hearing--Notice to parties--Waiver of notice.
Section 21-25A-12 - Subpoenas issued by arbitrators--Service and enforcement.
Section 21-25A-13 - Depositions permitted by arbitrators--Compelling testimony.
Section 21-25A-14 - Hearing by all arbitrators--Continuation when arbitrator ceases to act.
Section 21-25A-15 - Evidence presented by parties--Cross-examination.
Section 21-25A-16 - Right to representation by counsel--Waiver ineffective.
Section 21-25A-18 - Witness fees.
Section 21-25A-19 - Time for making award--Extension of time.
Section 21-25A-20 - Award in writing--Delivery to parties.
Section 21-25A-21 - Modification or correction of award--Application--Notice.
Section 21-25A-22 - Payment of expenses of proceedings.
Section 21-25A-23 - Judicial confirmation of award.
Section 21-25A-24 - Grounds for vacation of award.
Section 21-25A-25 - Time for application to vacate award.
Section 21-25A-26 - Confirmation of award on denial of application to vacate.
Section 21-25A-27 - Rehearing ordered after vacation of award--Time allowed for award on rehearing.
Section 21-25A-28 - Grounds for modification or correction of award.
Section 21-25A-29 - Alternative application to modify, correct, or vacate.
Section 21-25A-30 - Confirmation of award after determining application to correct or modify.
Section 21-25A-31 - Judgment or decree on confirmed award--Costs.
Section 21-25A-32 - Filing and docketing of judgment or decree.
Section 21-25A-33 - Applications by motion--Service of notices.
Section 21-25A-34 - Venue of applications.
Section 21-25A-35 - Appeals from orders, judgments, and decrees.
Section 21-25A-36 - Uniformity of construction of chapter.