South Dakota Codified Laws 21-25A-5. Application to compel arbitration–Order to arbitrate or denial of application
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On application of a party showing an agreement described in § 21-25A-1, 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.
Source: SL 1971, ch 157, § 2.