§ 171.021.Proceeding to Compel Arbitration

The motion to compel arbitration, and the section is written in mandatory terms.

The applicant shows two things. An agreement to arbitrate, and the opposing party’s refusal to arbitrate.

On that showing the court shall order the parties to arbitrate. The word leaves no discretion once the two elements are established.

The merits of the dispute are not part of the showing. Section 171.026 forbids refusing arbitration because the claim looks weak.

If the opposing party denies that an agreement exists, the court decides that issue summarily. Summarily means quickly and on the papers where the papers suffice.

The existence of the agreement is the court’s question. Whether the parties agreed to arbitrate at all is for the judge, not the arbitrator, unless the parties provided otherwise.

The outcome follows the finding. The court orders arbitration if it finds for the applicant, and denies the application if it does not.

An order compelling arbitration must include a stay of any proceeding subject to Section 171.025.

The mandatory stay prevents two tracks at once. A case cannot proceed in court on an issue the same court has just sent to an arbitrator.

Section 171.023 is the mirror image, letting a party who says there is no agreement ask the court to stop an arbitration before it starts.