Section 09.43.330. Validity of agreement to arbitrate.

   (a) An agreement contained in a record to submit to arbitration an 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, and except as provided by (b) of this section.
   (b) To the extent an agreement that contains an arbitration provision is invalidated on the grounds that a party was induced into entering into the agreement by fraud, the arbitration provision in the agreement is not enforceable, and the party is not required to prove that the party was induced into entering into the arbitration provision by fraud.
   (c) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
   (d) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled.
   (e) 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.

Notes

History

(Sec. 2 ch 170 SLA 2004)