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Utah Code § 78B-11-107

Validity of agreement to arbitrate

Applied in 4 court decisions — leading case Bybee v. Abdulla (2008)

Most recently applied in Georgia Noel Inman v. Matthew G. Grimmer, Individually Jacob R. Davis, Individually Grimmer & Associates, P.C., a Utah Professional Corporation and Grimmer, Davis, Revelli & Ballif, a Utah Professional Corporation (April 2021)

Renumbered and Amended by Chapter 3, 2008 General Session

How often courts cite this section

200820102020202110
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.