| (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 upon a ground that exists at law or in equity for the revocation of a contract. |
Terms Used In Utah Code 78B-11-107
- Arbitrator: means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. See Utah Code 78B-11-102
- Contract: A legal written agreement that becomes binding when signed.
- Court: means a court of competent jurisdiction in this state. See Utah Code 78B-11-102
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-11-102
| (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. |
Renumbered and Amended by Chapter 3, 2008 General Session
