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Session Laws, 1965
Volume 676, Page 244   View pdf image (33K)
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244                             LAWS OF MARYLAND                     [CH. 231

Sec. 2. And be it further enacted, That Sections 1 through 5, in-
clusive, of Article 7 of the said Code, title "Arbitration and Award,"
be and they are hereby repealed, and that new Sections 1 through 23,
inclusive, be and they are hereby enacted in lieu thereof, to stand in
the place of the sections so repealed, and to read as follows:

1.

A written agreement to submit any existing controversy to arbi-
tration or a provision in a written contract to submit to arbitration
any controversy thereafter arising between the parties is valid, en-
forceable and irrevocable, save upon such grounds as exist at law or
in equity for the revocation of any contract. This article does not
apply to an arbitration agreement between employers and employees
or between their respective representatives unless it is expressly
provided in such agreement that this article shall apply.

(a)    On application of a party showing an agreement described in
Section 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 expeditiously to the determination of the issue so
raised and shall order arbitration if found for the moving party,
otherwise, the application shall be denied.

(b)    On application, the court may stay an arbitration proceeding
commenced or threatened on a showing that there is no agreement
to arbitrate as described in Section 1. Such an issue, when in sub-
stantial and bona fide dispute, shall be forthwith tried and the stay
ordered if found for the moving party. If found for the opposing
party, the court shall order the parties to proceed to arbitration.

(c)    If an issue referable to arbitration under the alleged agree-
ment is involved in an action or proceeding pending in a court having
jurisdiction to hear applications under subsection (a) of this section,
the application shall be made therein. Otherwise and subject to
Section 17, the application may be made in any court of competent
jurisdiction.

(d)    Any action or proceeding involving an issue subject to arbi-
tration shall be stayed if an order for arbitration or an application
therefor has been made under this section or, if the issue is severable,
the stay may be with respect thereto only. When the application is
made in such action or proceeding, the order for arbitration shall
include such stay.

(e)    An order for arbitration shall not be refused or an arbitra-
tion proceeding stayed on the ground that the claim in issue lacks
merit or bona fides or because a valid basis for the claim sought to
be arbitrated has not been shown.

3.

If the arbitration agreement provides a method of appointment of
arbitrators, this method shall be followed. In the absence thereof,
or if the agreed method fails or for any reason cannot be followed,

2.

 

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Session Laws, 1965
Volume 676, Page 244   View pdf image (33K)
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