Need help AZ MTC Arbitration Case Law Reclaim Vacated please...

[janedoenotme]

I filed a MTC Arbitration and the Justice of the Peace came back saying the Court does not find sufficient cause to compel Arbitration or dismiss the case. Parties may elect to pursue arbitration if they believe they are entitled to do so. Upon receiving notice that the matter is in arbitration the court will defer proceedings pending the outcome of such.

Meanwhile I sent my Demand for JAMS in and they have opened a case, or I have a reference number. The day I went to file my copies at the court the clerk told me that the case was vacated and so I could not file anything else. Now I have a motion for summary Judgement. I first want to refile my MTC Arbitration with a Motion to Reconsider stating that I was unable to file timely due to being told it was vacated and that until a further motion on it was filed there was nothing to do.

Now I am looking for case law and help in Arizona to do this. I found this: 12-1501. Validity of arbitration agreement

A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract.

and this: 12-1502. Proceedings to compel or stay arbitration

A. On application of a party showing an agreement described in section 12-1501, 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 summarily 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. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily 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 agreement 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 12-2101, the application may be made in any court of competent jurisdiction.

D. Any action or proceeding involving an issue subject to arbitration 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 on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown

It's at this link under AZ State Legislature http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/12/01502.htm&Title=12&DocType=ARS

So are those laws and I need help badly. Please

[Harry Seaward]

Some important info that was not included in the original post...

1. The original motion to compel arbitration was filled and vacated or set aside (it's not clear which and because it's Maricopa Justice Court there is no record) 8 months ago.

2. A denied motion to compel arbitration is appealable (A.R.S. 12-2101.01(A )(1)) but only if the appeal is noticed within 14 days of the ruling.

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/12/02101-01.htm&Title=12&DocType=ARS

[janedoenotme]

Yes, but you can motion to reconsider in AZ as well...

[Harry Seaward]

Yes, but you can motion to reconsider in AZ as well...

That's correct and IMO, a denied Motion to Reconsider is appealable when what you're asking the judge to reconsider is a denied motion to compel arbitration.

I believe the objection from the plaintiff in your case will be that you waived your right to enforce the arbitration provision by not asking the court to reconsider closer to the courts decision not to compel. I know you have reasons why you did not pursue it, and those should be part of your response to their objection.