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.
S.D. Codified Laws § 21-25A-5
Application to compel arbitration--Order to arbitrate or denial of application
Known as the Uniform Arbitration Act
The act spans §§ 21–21 (38 sections).
Applied in 4 court decisions — leading case City of Hot Springs v. Gunderson's, Inc. (1982)
Most recently applied in Stoebner v. Konrad (June 2018)
Source: SL 1971, ch 157, § 2.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.