7 Stay
proceeding in a court in respect of a matter in dispute to be
submitted to arbitration under the agreement, the court shall, on the
application of another party to the arbitration agreement, stay the
proceeding.
(2) The court may refuse to stay the proceeding in only the
following cases:
(a) a party entered into the arbitration agreement while under a
legal incapacity;
(b) the arbitration agreement is invalid;
(c) the subject-matter of the d ispute is not capable of being the
subject of arbitration under Alberta law;
(d) the application to stay th e proceeding was brought with
undue delay;
(e) the matter in dispute is a proper one for default or summary
judgment.
(3) An arbitration of the matter in dispute may be commenced or
continued while the application is before the court.
(4) If the court refuses to stay the proceeding,
(a) no arbitration of the matter in dispute shall be commenced ,
and
RSA 2000
(b) an arbitration that has been commenced shall not be
continued, and anything done in connection with the
arbitration before the court's refusal is without effect.
(5) The court may stay the proceeding with respect to the matters
in dispute dealt with in the arbitration agreement and allow the
proceeding to continue with respect to other matters if it finds that
(a) the agreement deals with onl y some of the matters in dispute
in respect of which the proceeding was commenced, and
(b) it is reasonable to separate the matters in dispute dealt with
in the agreement from the other matters.
(6) There is no appeal from the court's decision under this section.
RSA 2000 cA-43 s7;2009 c53 s24