98                                       LAWS OF MARYLAND                            [Ch. 2

(1)   A PETITION TO STAY ARBITRATION SHALL
BE FILED WITH THE COURT WHERE A PETITION TO ORDER
ARBITRATION HAS BEEN FILED.

(2)   IF A PETITION FOR ORDER TO ARBITRATE
HAS NOT BEEN FILED, THE PETITION TO STAY ARBITRATION
MAY BE FILED IN ANY COURT SUBJECT TO VENUE PROVISIONS
OF TITLE 6 OF THIS ARTICLE.

(C) DETERMINATION OF EXISTENCE OF ARBITRATION

AGREEMENT.

IF THE COURT DETERMINES THAT EXISTENCE OF THE
ARBITRATION AGREEMENT IS IN SUBSTANTIAL AND BONA FIDE
DISPUTE, IT SHALL TRY THIS ISSUE PROMPTLY AND ORDER A
STAY IF IT FINDS FOR THE PETITIONER... IF THE COURT
FINDS FOR THE ADVERSE PARTY, IT SHALL ORDER THE
PARTIES TO PROCEED WITH ARBITRATION.

REVISOR'S NOTE: This section is new language
derived from Art. 7, §2(b) and (c). The
term "petition" is substituted for
"application" in accordance with Art. 7,
§15. The reorganization of provisions has
been made to emphasize diversity.

SEC. 3-209. STAY OF PROCEEDINGS.

(A)   CONDITIONS FOR STAY.

A COURT SHALL STAY ANY ACTION OR PROCEEDING
INVOLVING AN ISSUE SUBJECT TO ARBITRATION IF:

(1)    A PETITION FOR ORDER TO ARBITRATE HAS
BEEN FILED; OR

(2)   AN ORDER FOR ARBITRATION HAS BEEN
MADE.

(B)   SEVERABILITY OF ISSUE.

IF THE ISSUE SUBJECT TO ARBITRATION IS SEVERABLE,
THE COURT MAY ORDER THE STAY WITH RESPECT TO THIS
ISSUE ONLY.

(C)   ORDER TO INCLUDE STAY.

IF A PETITION TO STAY HAS BEEN FILED WITH A COURT
WHERE ANY ACTION OR PROCEEDING CONCERNING ARBITRATION
IS PENDING, THE COURT'S ORDER TO ARBITRATE SHALL
INCLUDE THE STAY.