(a) General rule.--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) Court decision.--The court shall decide whether an
agreement to arbitrate exists or a controversy is subject to an
agreement to arbitrate.
(c) Arbitrator decision.--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) Challenge to arbitration.--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.
(E) GROUNDS FOR VALIDITY AND ENFORCEABILITY.--IN DETERMINING
THE VALIDITY AND ENFORCEABILITY OF AN AGREEMENT TO ARBITRATE, A
COURT MAY CONSIDER ANY GROUNDS THAT EXIST AT LAW OR IN EQUITY
FOR THE REVOCATION OF A CONTRACT, REGARDLESS OF WHETHER ARISING
OUT OF FEDERAL OR STATE LAW OR AS A MATTER OF PUBLIC POLICY,
THAT ARE APPLICABLE TO OTHER CONTRACTS, INCLUDING FRAUD, DURESS,
COERCION, UNCONSCIONABILITY OR THE IMPOSITION BY A CONTRACT OF
ADHESION OF ANY REQUIREMENT THAT UNREASONABLY FAVORS THE PARTY
THAT IMPOSED THE PROVISION, PROVIDED THAT DOING SO IS NOT
PROHIBITED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 ET
SEQ.), OR OTHER FEDERAL LAW.
§ 7321.8. Motion to compel or stay arbitration.
(a) Refusal to arbitrate under agreement.--On motion of a
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