2A:23B-6 Validity of agreement to arbitrate.
6.Validity of Agreement to Arbitrate.
a.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 upon a ground that exists at law or in equity for the revocation of a contract.
b.The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
c.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.
d.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.
L.2003,c.95,s.6.
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Last modified: October 11, 2016