State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-567_37

§1‑567.37.  Definition and form of arbitration agreement.

(a)        An"arbitration agreement" is an agreement by the parties to submit toarbitration all or certain disputes which have arisen or which may arisebetween them in respect of a defined legal relationship, whether or notcontractual.  An arbitration agreement may be in the form of an arbitrationclause in a contract or in the form of a separate agreement.

(b)        The arbitrationagreement shall be in writing.  An agreement is in writing if it is containedin a document signed by the parties or in an exchange of letters, telex,telegrams, facsimile transmission, or other means of telecommunication whichprovide a record of the agreement, or in an exchange of statements of claim anddefense in which the existence of an agreement is alleged by one party and notdenied by another.  The reference in a contract to a document containing anarbitration clause constitutes an arbitration agreement provided that thecontract is in writing and the reference is such as to make that clause part ofthe contract.

(c)        Such arbitrationagreement shall be valid, enforceable and irrevocable, except with the consentof all the parties, without regard to the justiciable character of thecontroversy. (1991, c. 292.)