9 U.S.C. § 4 : US Code - Section 4: Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination

Search 9 U.S.C. § 4 : US Code - Section 4: Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination

A party aggrieved by the alleged failure, neglect, or refusal of
another to arbitrate under a written agreement for arbitration may
petition any United States district court which, save for such
agreement, would have jurisdiction under title 28, in a civil
action or in admiralty of the subject matter of a suit arising out
of the controversy between the parties, for an order directing that
such arbitration proceed in the manner provided for in such
agreement. Five days' notice in writing of such application shall
be served upon the party in default. Service thereof shall be made
in the manner provided by the Federal Rules of Civil Procedure. The
court shall hear the parties, and upon being satisfied that the
making of the agreement for arbitration or the failure to comply
therewith is not in issue, the court shall make an order directing
the parties to proceed to arbitration in accordance with the terms
of the agreement. The hearing and proceedings, under such
agreement, shall be within the district in which the petition for
an order directing such arbitration is filed. If the making of the
arbitration agreement or the failure, neglect, or refusal to
perform the same be in issue, the court shall proceed summarily to
the trial thereof. If no jury trial be demanded by the party
alleged to be in default, or if the matter in dispute is within
admiralty jurisdiction, the court shall hear and determine such
issue. Where such an issue is raised, the party alleged to be in
default may, except in cases of admiralty, on or before the return
day of the notice of application, demand a jury trial of such
issue, and upon such demand the court shall make an order referring
the issue or issues to a jury in the manner provided by the Federal
Rules of Civil Procedure, or may specially call a jury for that
purpose. If the jury find 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 find
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.