42 Pa.C.S. § 7304 states:
- (a) Compelling
arbitration. — On application to
a court to compel arbitration made by a party showing an agreement
described in section 7303 (relating to validity of agreement to
arbitrate) and a showing that an opposing party refused to arbitrate,
the court shall order the parties to proceed with arbitration. If the
opposing party denies the existence of an agreement to arbitrate, the
court shall proceed summarily to determine the issue so raised and shall
order the parties to proceed with arbitration if it finds for the moving
party. Otherwise, the application shall be denied.
- (b)
Stay of arbitration. — On
application of a party to a court to stay an arbitration proceeding
threatened or commenced the court may stay an arbitration on a showing
that there is no agreement to arbitrate. When in substantial and bona
fide dispute, such an issue shall be forthwith and summarily tried and
determined and a stay of the arbitration proceedings shall be ordered if
the court finds for the moving party. If the court finds for the
opposing party, the court shall order the parties to proceed with
arbitration.
- (c)
Venue. — If a controversy
alleged to be or not to be referable to arbitration under the agreement
is also involved in an action or proceeding pending in a court having
jurisdiction to hear applications to compel or stay arbitration, the
application shall be made to that court. Otherwise, subject to section
7319 (relating to venue of court proceedings), the application may be
made in any court of competent jurisdiction.
- (d)
Stay of judicial proceedings. — An
action or proceeding, allegedly involving an issue subject to
arbitration, shall be stayed if a court order to proceed with
arbitration has been made or an application for such an order has been
made under this section. If the issue allegedly subject to arbitration
is severable, the stay of the court action or proceeding may be made
with respect to the severable issue only. If the application for an
order to proceed with arbitration is made in such action or proceeding
and is granted, the court order to proceed with arbitration shall
include a stay of the action or proceeding.
- (e) No
examination of merits. — An
application for a court order to proceed with arbitration shall not be
refused, nor shall an application to stay arbitration be granted, by the
court on the ground that the controversy lacks merit or bona fides or on
the ground that no fault or basis for the controversy sought to be
arbitrated has been shown.
42 Pa. Cons. Stat. Ann. § 7304 (LexisNexis, Lexis Advance through
2016 Regular Session Acts 1-101; P.S. documents are current through 2016
Regular Session Acts 1-81)