Montana Code 40-16-105. Arbitration agreement
40-16-105. Arbitration agreement. (1) An arbitration agreement must:
Terms Used In Montana Code 40-16-105
- Arbitration agreement: means an agreement that subjects a family law dispute to arbitration. See Montana Code 40-16-102
- Arbitration organization: means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator. See Montana Code 40-16-102
- Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Montana Code 40-16-102
- Child-related dispute: means a family law dispute regarding the parenting or financial support of a child. See Montana Code 40-16-102
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the district court. See Montana Code 40-16-102
- Family law dispute: means a contested issue arising under Title 40. See Montana Code 40-16-102
- Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Montana Code 40-16-102
(a)be in a record signed by the parties;
(b)identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator;
(c)identify the family law dispute the parties intend to arbitrate; and
(d)specify how notice to arbitrate is to be given.
(2)Except as otherwise provided in subsection (3), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
(3)An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:
(a)the parties affirm the agreement in a record after the dispute arises; or
(b)the agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.
(4)If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.