Columbia Memorial Hospital v. MacFarland Builders Inc.

The parties hereto entered into a written agreement, dated June 30, 1970, which contained a provision for arbitration of disputed claims. Respondent, by written notice dated January 15, 1973, served upon petitioner a demand for arbitration of certain specified claims arising out of the agreement. Petitioner, by petition verified February 9, 1973, and by an order to show cause issued out of this court on the same date, instituted this proceeding seeking an order staying arbitration. On the return date, respondent challenged the jurisdiction of the court.

The pertinent portions of subdivision…