§ 13-22-206 — Validity of agreement to arbitrate

(1) 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.

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

(3) 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.

(4) 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.

Legislative History

Source: L. 2004: Entire part R&RE, p. 1720, � 1, effective August 4.