N.D. Cent. Code § 32-29.4-06

Current through 2023 Legislative Sessions

Section 32-29.4-06 - Motion for judicial relief

1. A motion for judicial relief under this chapter must be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.

2. On motion of a party, the court may compel arbitration if the parties have entered an arbitration agreement that complies with section 32-29.4-04 unless the court determines under section 32-29.4-11 the arbitration should not proceed.

3. On motion of a party, the court shall terminate arbitration if it determines:

a. The agreement to arbitrate is unenforceable;

b. The family law dispute is not subject to arbitration; or

c. Under section 32-29.4-11, the arbitration should not proceed.

4. Unless prohibited by an arbitration agreement, on motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute.

N.D.C.C. § 32-29.4-06

Added by S.L. 2019, ch. 280 (SB 2063),§ 1, eff. 8/1/2019.