§ 10-3-5 Determination as to whether issue
is subject to arbitration. –
If the making of the arbitration agreement or the failure, neglect, or refusal
to perform the arbitration agreement is in issue, the court shall proceed
summarily to the trial thereof. If no jury trial be demanded, the court shall
hear and determine the issue. Where such an issue is raised, either party may,
on or before the return day of the notice of application, demand a jury trial
of the issue, and upon the demand of a jury trial the court shall make an order
referring the issue or issues to a jury as in equity causes. If the jury finds
that no agreement in writing for arbitration was made, or that there is no
default in proceeding thereunder, the proceeding shall be dismissed. If the
jury finds that an agreement for arbitration was made in writing and that there
is a default in proceeding thereunder, the court shall make an order summarily
directing the parties to proceed with the arbitration in accordance with the
terms thereof.
(P.L. 1929, ch. 1408, § 3; G.L. 1938, ch. 475, § 3; G.L. 1956, §
10-3-5.)