Section 44-7A-7 - Validity of agreement to arbitrate. - New Mexico Statutes

44-7A-7. Validity of agreement to arbitrate.

(a)     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.   

(b)     The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.   

(c)     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.   

(d)     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.