An agreement in any written contract, or in a separate writing executed by the parties to any written contract, to settle by arbitration any controversy thereafter arising out of such contract, or out of the failure or refusal to perform the whole or any part thereof, or a written provision in the articles of association or bylaws of an association or corporation of which both parties are members to arbitrate any controversy which may arise between them in the future, or an agreement in writing between two or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, or an agreement in writing between the parties to a marriage to submit to arbitration any controversy between them with respect to the dissolution of their marriage, except issues related to child support, visitation and custody, shall be valid, irrevocable and enforceable, except when there exists sufficient cause at law or in equity for the avoidance of written contracts generally.

(1949 Rev., S. 8151; P.A. 05-258, S. 2.)

History: P.A. 05-258 added provisions re agreement to arbitrate in dissolution of marriage.

Cited. 138 C. 63. Agreement can be declared void for fraud, misrepresentation, duress or undue influence. 140 C. 446. Cited. 142 C. 4. If arbitrators are enjoined from acting, the resulting inability to serve would warrant the appointment of new arbitrators. 144 C. 303. Cited. 147 C. 139. Legislative history reveals nothing which would indicate an intent to give the word “controversy” a narrower meaning than its normal connotation; dispute over value of stock, where arbitrators would have to determine not only the value of each share, but also the method to be used in determining that value, is a bona fide dispute and well within the meaning of section. 152 C. 595, 596. Where insurance policy provided for arbitration only of claims arising from accidents with uninsured motorists, question as to whether motorist was uninsured was not a matter for arbitration. 155 C. 270. Cited. 163 C. 327; 171 C. 493. In absence of fraud or partiality, court would not intervene in arbitration proceedings. 175 C. 475. Appraisal clause in fire insurance policy constitutes agreement to arbitrate. 177 C. 273. Cited. 191 C. 316; 206 C. 113; 208 C. 352; 223 C. 761; 229 C. 465. Section expresses clear public policy in favor of arbitrating disputes. 271 C. 65. Public policy does not require arbitrator to give collateral estoppel effect to prior arbitration awards. 278 C. 578. If a contract is challenged as illegal, but its arbitration provisions are not specifically challenged, the challenge should be considered by an arbitrator, not a court. 282 C. 54. No valid and enforceable agreement to arbitrate existed because the cumulative effect of the correspondence between the parties reflects that the parties failed to reach a written agreement on a single parameter or condition of arbitration that either counsel had identified as necessary to the agreement, and the issue of whether the parties intended to submit to arbitration is not material to the question of whether the parties validly agreed in writing to arbitrate. 301 C. 657. Section covers an agreement to arbitrate between parties to a marriage, subject to the court finding the agreement is fair and equitable. 322 C. 828.

Cited. 28 CA 270; 30 CA 580; 38 CA 555; 39 CA 122; Id., 444; 45 CA 466. Agreement to arbitrate must be expressed in a writing. 62 CA 83. Section evinces a public policy favoring arbitration as a vehicle for dispute resolution; it is well established that for an agreement to arbitrate to be enforceable, it must be in writing. 81 CA 755. Documentary parol evidence may be relevant to establishing existence of written agreement to arbitrate, but oral parol evidence is irrelevant absent a written agreement required by section; arbitration agreements are strictly construed, and must be clear and direct and not depend on implication; writing requirement of section is strictly enforced. 118 CA 757. Arbitration award could not be confirmed because oral agreement of the parties to arbitrate the matter, which was recorded in court transcript, did not fulfill requirement under section that an arbitration agreement be in writing. 119 CA 368.

Provision in contract which provides for settlement of questions by mutual agreement, or by arbitration to be conclusive on parties, is valid and enforceable unless it can be avoided by equity. 8 CS 321. Cited. 15 CS 120. Does not involve the conduct of arbitration, as such. 20 CS 95. Cited. Id., 188; 21 CS 134; Id., 488. An agreement for an appraisal, the decision of which is not conclusive as to the ultimate rights of the parties, is not a submission to arbitration. 22 CS 449. Cited. 29 CS 26.