(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.
The court shall decide whether an agreement to arbitrate exists or a controversy issubject to an agreement to arbitrate.
An arbitrator shall decide whether a condition precedent to arbitrability has beenfulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
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.
Source: L. 2004: Entire part R&RE, p. 1720, § 1, effective August 4.
Editor's note: This section is similar to former § 13-22-203 as it existed prior to 2004.