(a) Except as otherwise provided in section thirty of this article, an application for judicial relief under this article must be made by motion to a West Virginia circuit court as specified in section twenty-nine of this article and heard in accordance with the rules of civil procedure governing motions.
(b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this article must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by the rules of civil procedure for serving motions in pending cases.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
§55-10-2. Declaration of Public Policy; Legislative Findings
§55-10-5. When Article Applies
§55-10-6. Effect of Agreement to Arbitrate; Nonwaivable Provisions
§55-10-7. Application for Judicial Relief
§55-10-8. Validity of Agreement to Arbitrate
§55-10-9. Motion to Compel or Stay Arbitration
§55-10-10. Provisional Remedies
§55-10-11. Initiation of Arbitration
§55-10-12. Consolidation of Separate Arbitration Proceedings
§55-10-13. Appointment of Arbitrator; Service as a Neutral Arbitrator
§55-10-14. Disclosure by Arbitrator
§55-10-16. Immunity of Arbitrator; Competency to Testify; Attorney's Fees and Costs
§55-10-17. Arbitration Process
§55-10-18. Representation by Lawyer
§55-10-19. Witnesses; Subpoenas; Depositions; Discovery
§55-10-20. Judicial Enforcement of Preaward Ruling by Arbitrator
§55-10-22. Change of Award by Arbitrator
§55-10-23. Remedies; Fees and Expenses of Arbitration Proceeding
§55-10-24. Confirmation of Award
§55-10-26. Modification or Correction of Award
§55-10-27. Judgment on Award; Attorneys' Fees and Litigation Expenses
§55-10-31. Uniformity of Application and Construction
§55-10-32. Electronic Signatures in Global and National Commerce Act