Sec. 171.023. PROCEEDING TO STAY ARBITRATION. (a) A court may stay an arbitration commenced or threatened on application and a showing that there is not an agreement to arbitrate.
(b) If there is a substantial bona fide dispute as to whether an agreement to arbitrate exists, the court shall try the issue promptly and summarily.
(c) The court shall stay the arbitration if the court finds for the party moving for the stay. If the court finds for the party opposing the stay, the court shall order the parties to arbitrate.
Acts 1983, 68th Leg., p. 4748, ch. 830, eff. Aug. 29, 1983. Redesignated from Vernon's Ann.Civ.St. art. 238-20, Sec. 4 and amended by Acts 1995, 74th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 5.01, eff. Sept. 1, 1997.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 7 - Alternate Methods of Dispute Resolution
Chapter 171 - General Arbitration
Subchapter B. Proceedings to Compel or Stay Arbitrations
Section 171.021. Proceeding to Compel Arbitration
Section 171.022. Unconscionable Agreements Unenforceable
Section 171.023. Proceeding to Stay Arbitration
Section 171.024. Place for Making Application