[§658A-6]  Validity of agreement to
arbitrate.  (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 upon 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. [L
2001, c 265, pt of §1]



 



Case Notes



 



  Cited:  297 F. Supp. 2d 1259.