12-3006

12-3006. Validity of agreement to arbitrate

(Eff. 1/1/11)

A. An agreement contained in a record to submit to arbitration any existing or
subsequent controversy arising between the parties to the agreement is valid, enforceable
and irrevocable except on a ground that exists at law or in equity for the revocation of
a contract.

B. The court shall decide whether an agreement to arbitrate exists or a controversy
is subject to an agreement to arbitrate.

C. An arbitrator shall decide whether a condition precedent to arbitrability has
been fulfilled and whether a contract containing a valid agreement to arbitrate is
enforceable.

D. If a party to a judicial proceeding challenges the existence of, or claims that
a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding
may continue pending final resolution of the issue by the court, unless the court
otherwise orders.