Canon Sch. Dist. No. 50 v. W.E.S. Const. Co., Inc
In Canon Sch. Dist. No. 50 v. W.E.S. Const. Co., Inc., 180 Ariz. 148, 882 P.2d 1274 (1994), the Arizona Supreme Court was asked to consider the very issue of whether arbitrations were "actions" under A.R.S. 12-341.01, albeit, under different factual circumstances than in the instant case. See Canon, 180 Ariz. at 150, 882 P.2d at 1276.
The court decided not to address the issue, instead determining that section 12-1510 barred the court from awarding fees in the case before them. Id. at 151, 882 P.2d at 1277.
The court expressly noted, however, that the analysis in Semple suggested that arbitration would not be considered an action under section 12-341.01. Id.