North Carolina § 1-569 - 6. Validity of agreement to arbitrate.

§ 1-569. 6. Validity of agreement to arbitrate.

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 revoking a contract. The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate. 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. 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. History (1927, c. 94, s. 1; 1973, c. 676, s. 1; 1975, c. 19, s. 1; 2003-345, s. 2.) Legal Periodicals. - For article, "Mediation and Arbitration of Separation and Divorce Agreements," see 15 Wake Forest L. Rev. 467 (1979). For comment on the enforceability of arbitration clauses in North Carolina separation agreements, see 15 Wake Forest L. Rev. 487 (1979). For note discussing arbitration of domestic cases, see 4 Campbell L. Rev. 203 (1981). For note and comment, "FAA and Arbitration Clauses - How Far Can It Reach? The Effect of Allied-Bruce Terminix, Inc. v. Dobson," see 19 Campbell L. Rev. 607 (1997).