Montana § 40-16-105 Arbitration Agreement

Montana Statutes

§ 40-16-105 — Arbitration Agreement

Montana·Title 40 FAMILY LAW·Ch. 16 FAMILY LAW ARBITRATION·Part 1 Uniform Family Law Arbitration Act

40-16-105 . Arbitration agreement.

(1)An arbitration agreement must:

(a)be in a record signed by the parties;

(b)identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator;

(c)identify the family law dispute the parties intend to arbitrate; and

(d)specify how notice to arbitrate is to be given.

(2)Except as otherwise provided in subsection (3), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.

(3)An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenf

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40-16-105 . Arbitration agreement. (1) An arbitration agreement must:
(a) be in a record signed by the parties;
(b) identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator;
(c) identify the family law dispute the parties intend to arbitrate; and
(d) specify how notice to arbitrate is to be given.
(2) Except as otherwise provided in subsection (3), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
(3) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:
(a) the parties affirm the agreement in a record after the dispute arises; or
(b) the agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.
(4) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.

Montana § 40-16-105 (Arbitration Agreement) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.