2. The UAA uses the term "application" throughout the statute. Legal actions under both the UAA and the FAA generally are conducted by motion practice and are not subject to the delays of a civil trial. This system has worked well and the intent of Section 5 is to retain it. However, in some States there may be different means of initiating arbitration actions, such as filing a petition or a complaint, instead of or along with a motion or an application. This section is not intended to alter established practice in any particular State and the terms "application" and "motion" have been bracketed throughout the RUAA for substitution by States where appropriate.

§8706. Validity of agreement to arbitrate

1.__Agreement valid, enforceable and irrevocable; exceptions.__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.

2.__Court determination; agreement or controversy.__The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

3.__Arbitrator determination; condition precedent; contract.__ 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.

4.__Arbitration controversies pending.__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.

Uniform Comment

1. The language in Section 6(a) as to the validity of arbitration agreements is the same as UAA Section 1 and almost the same as the language of FAA Section 2 which states that