Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-3006 (2026)

Validity of agreement to arbitrate

✓ current as of May 2026
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12-3006. 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 on 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.

 

Notes of Decisions
Cited in 23 cases (10 in the last 5 years), 2012–2026 · leading case: Dueñas v. Life Care Centers of Am., Inc., 336 P.3d 763 (Ariz. Ct. App. 2014).
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Dueñas v. Life Care Centers of Am., Inc., 336 P.3d 763 (Ariz. Ct. App. 2014). · cites it 6× “The court entered an appealable order of dismissal with prejudice, and Dueñas timely appeals.”
Sun Valley Ranch 308 Ltd. P'ship v. Robson, 294 P.3d 125 (Ariz. Ct. App. 2012). · cites it 4× “¶ 9 A.R.S. § 12-3006(A) states: A 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 on a ground that exists at law or in equity for the…”
Valer C. Austin v. Josiah T. Austin, 348 P.3d 897 (Ariz. Ct. App. 2015). · cites it 4× “Scope of Trial Court’s Findings ¶ 32 Josiah argues the “trial court failed to limit itself to the questions of whether an arbitration agreement exists and whether the parties were bound by it.”
J Hamblen Et Ux v. Hon. hatch/winslow Mem'l, 398 P.3d 99 (Ariz. 2017). · cites it 2× “A.R.S. § 12-3006(0 (“An arbitrator shall decide .”
Gullett ex rel. Est. of Gullett v. Kindred Nursing Centers West, L.L.C., 390 P.3d 378 (Ariz. Ct. App. 2017). · cites it 2× “Pursuant to A.R.S. § 12-3006(A), “[a]n 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 on a ground that exists at law or in equity for the…”
Falcone Bros. & Assocs., Inc. v. City of Tucson, 381 P.3d 276 (Ariz. Ct. App. 2016). · cites it 2× “2015), quoting A.R.S. § 12-3006(A), such as substantive uncon-scionability.”
Turley v. Beus (Ariz. Ct. App. 2017). · cites it 8× “In defining the validity and enforceability of an arbitration agreement, A.R.S. § 12-3006(A) states: 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…”
Andrich v. Thrasher (Ariz. Ct. App. 2026). · cites it 6× “” A.R.S. § 12-3006(A). If the court finds no such agreement or that the arbitration agreement is unenforceable, it may not order arbitration.”
Carey v. K&M (Ariz. Ct. App. 2014). · cites it 9× “Compare A.R.S. § 12-3006, with Uniform Act § 6. Comment 2 to section 6 of the Uniform Act, provides that the section was: intended to incorporate the holdings of the vast majority of state courts and the law that has developed under the [Federal Arbitration Act (“FAA”)] that, in…”
Phoenix-Tucson v. Deetz (Ariz. Ct. App. 2017). · cites it 4× “” A.R.S. § 12-3006(A). documentation, including the entities’ general subsidiary ledgers and journals.”
Phoenix-Tucson v. Deetz (Ariz. Ct. App. 2017). · cites it 4× “” A.R.S. § 12-3006(A). ¶13 Absent clear error, we defer to the factual findings upon which the trial court’s conclusions are based.”
Allstate v. Watts, 418 P.3d 1026 (Ariz. Ct. App. 2018). · cites it 4× “(Emphasis added); accord A.R.S. § 12-3006(A). The statute indicates that an “existing controversy” and “any controversy thereafter arising” become “enforceable and irrevocable” upon the arising of the controversy, unless the parties agree otherwise.”
Show all 23 citing cases →
— Ariz. Rev. Stat. § 12-3006(A) — 19 cases
Gullett ex rel. Est. of Gullett v. Kindred Nursing Centers West, L.L.C., 390 P.3d 378 (Ariz. Ct. App. 2017). “Pursuant to A.R.S. § 12-3006(A), “[a]n 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 on a ground that exists at law or in equity for the…”
Dueñas v. Life Care Centers of Am., Inc., 336 P.3d 763 (Ariz. Ct. App. 2014). “The court entered an appealable order of dismissal with prejudice, and Dueñas timely appeals.”
Sun Valley Ranch 308 Ltd. P'ship v. Robson, 294 P.3d 125 (Ariz. Ct. App. 2012). “¶ 9 A.R.S. § 12-3006(A) states: A 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 on a ground that exists at law or in equity for the…”
Falcone Bros. & Assocs., Inc. v. City of Tucson, 381 P.3d 276 (Ariz. Ct. App. 2016). “2015), quoting A.R.S. § 12-3006(A), such as substantive uncon-scionability.”
Valer C. Austin v. Josiah T. Austin, 348 P.3d 897 (Ariz. Ct. App. 2015). “Scope of Trial Court’s Findings ¶ 32 Josiah argues the “trial court failed to limit itself to the questions of whether an arbitration agreement exists and whether the parties were bound by it.”
— Ariz. Rev. Stat. § 12-3006(B) — 9 cases
Dueñas v. Life Care Centers of Am., Inc., 336 P.3d 763 (Ariz. Ct. App. 2014). “The court entered an appealable order of dismissal with prejudice, and Dueñas timely appeals.”
Sun Valley Ranch 308 Ltd. P'ship v. Robson, 294 P.3d 125 (Ariz. Ct. App. 2012). “¶ 9 A.R.S. § 12-3006(A) states: A 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 on a ground that exists at law or in equity for the…”
Turley v. Beus (Ariz. Ct. App. 2017). “In defining the validity and enforceability of an arbitration agreement, A.R.S. § 12-3006(A) states: 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…”
Phoenix-Tucson v. Deetz (Ariz. Ct. App. 2017). “” A.R.S. § 12-3006(A). documentation, including the entities’ general subsidiary ledgers and journals.”
Phoenix-Tucson v. Deetz (Ariz. Ct. App. 2017). “” A.R.S. § 12-3006(A). ¶13 Absent clear error, we defer to the factual findings upon which the trial court’s conclusions are based.”
— Ariz. Rev. Stat. § 12-3006(C) — 2 cases
Turley v. Beus (Ariz. Ct. App. 2017). “In defining the validity and enforceability of an arbitration agreement, A.R.S. § 12-3006(A) states: 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…”
Carey v. K&M (Ariz. Ct. App. 2014). “Compare A.R.S. § 12-3006, with Uniform Act § 6. Comment 2 to section 6 of the Uniform Act, provides that the section was: intended to incorporate the holdings of the vast majority of state courts and the law that has developed under the [Federal Arbitration Act (“FAA”)] that, in…”
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