Section 29-5-308 - Motion to compel or stay arbitration

(a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: (1) If the refusing party does not appear or does not oppose the motion, then the court must order the parties to arbitrate; and(2) If the refusing party opposes the motion, then the court must proceed summarily to decide the issue and order the parties to arbitrate, unless the court finds that there is no enforceable agreement to arbitrate.(b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, then the court shall order the parties to arbitrate.(c) If the court finds that there is no enforceable agreement, then the court must not order the parties to arbitrate pursuant to subsection (a) or (b).(d) The court shall not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.(e) If a proceeding involving a claim referable to arbitration under an alleged

der arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.(e) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, then a motion under this section must be made in that court. Otherwise a motion under this section must be made in a court as provided in § 29-5-328.(f) If a party makes a motion to the court to order arbitration, then the court on just terms must stay a judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.(g) If the court orders arbitration, then the court on just terms must stay a judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, then the court may limit the stay to that claim.Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.