PROCEEDING TO STAY ARBITRATION
Applied in 12 court decisions — leading case L & L Kempwood Associates, L.P. v. Omega Builders, Inc. (1999)
Most recently applied in Kreit v. Brewer & Pritchard, P.C. (June 2017)
Acts 1983, 68th Leg., p. 4748, ch. 830, eff
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.
(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.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.