78B-11-107 - Validity of agreement to arbitrate.
78B-11-107. Validity of agreement to arbitrate.
(1) An agreement contained in a record to submit to arbitration any existing orsubsequent controversy arising between the parties to the agreement is valid, enforceable, andirrevocable except upon a ground that exists at law or in equity for the revocation of a contract.
(2) The court shall decide whether an agreement to arbitrate exists or a controversy issubject to an agreement to arbitrate.
(3) An arbitrator shall decide whether a condition precedent to arbitrability has beenfulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
(4) If a party to a judicial proceeding challenges the existence of, or claims that acontroversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continuepending final resolution of the issue by the court, unless the court otherwise orders.
Renumbered and Amended by Chapter 3, 2008 General Session