Montana § 40-16-105 - Arbitration Agreement
Full text of Montana Montana Code Annotated § 40-16-105 — Arbitration Agreement, with citation guidance and answers to common questions.
§ 40-16-105. Arbitration Agreement
Arbitration agreement. (1) An arbitration agreement must: (a) be in a record signed by the parties; (b) identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; (c) identify the family law dispute the parties intend to arbitrate; and (d) specify how notice to arbitrate is to be given. (2) Except as otherwise provided in subsection (3), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract. (3) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless: (a) the parties affirm the agreement in a record after the dispute arises; or (b) the agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding. (4) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.
Frequently Asked Questions About Montana § 40-16-105
What does Montana Code Annotated § 40-16-105 cover?
Section 40-16-105 ("Arbitration Agreement") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 40-16-105?
A common citation format is "Montana Code Annotated § 40-16-105" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 40-16-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.