Public-domain · open source
OpenJurist

Ark. Code Ann. § 16-108-206

Validity of agreement to arbitrate

Applied in 1 court decision — leading case Diamante v. Dye (2013)

Most recently applied in Diamante v. Dye (November 2013)

Acts 1969, No. 260, § 1; 1981, No. 616, § 1; A.S.A. 1947, § 34-511; Acts 1993, No. 287, § 1; 2003, No. 1185, § 224; 2011, No. 695, § 1.

(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.

(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.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.