Chapter 9 - § 9.2 • STATUTORY PROVISIONS FOR COMPELLING OR STAYING ARBITRATION OR STAYING LITIGATION

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§ 9.2 • STATUTORY PROVISIONS FOR COMPELLING OR STAYING ARBITRATION OR STAYING LITIGATION

§ 9.2.1—Compelling Arbitration Under The FAA

FAA § 3

Stay of proceedings where issue therein referable to arbitration
If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.

• Annot., Construction & Application of Mandatory Stay Provision of Federal Arbitration Act, 9 U.S.C.A. § 3, 1 A.L.R. Fed.2d 557.

FAA § 4

Failure to arbitrate under agreement
A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate . . . may petition any United States district court . . . for an order directing that such arbitration proceed in the manner provided for in such agreement. . . . If the jury [or court] find that no agreement in writing for arbitration was made or that there is no default in proceeding thereunder, the proceeding shall be dismissed. If the jury [or court] find that an agreement for arbitration was made in writing and that there is a default in proceeding thereunder, the court shall make an order summarily directing the parties to proceed with the arbitration in accordance with the terms thereof.

Staying Arbitration Under the FAA

The FAA does not have an express provision providing for a stay of arbitration in the event the court finds the dispute is not subject to arbitration; nevertheless, generally courts will stay such an arbitration proceeding.

§ 9.2.2—Compelling Arbitration Under The CRUAA

C.R.S. § 13-22-207

(1) Upon the motion of a person showing an agreement to arbitrate and alleging another person's
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