A written agreement to submit any existing controversy to arbitration or a provision in
written contract to submit to arbitration any controversy thereafter arising between the
parties is valid, enforceable, and irrevocable, save upon such grounds as exist at law for
the revocation of any contract. This chapter does not apply to:
(1) Arbitration agreements contained within the collective bargaining agreements
entered into by employers and the respective representatives of member employees;
(2) Insurance contracts. Nothing in this subsection shall be deemed to invalidate or
render unenforceable contractual arbitration provisions between two (2) or more
insurers, including reinsurers; and
(3) Arbitration agreements entered by any industrial insured captive insurer that is
created under the Product Liability Risk Retention Act of 1981, 15 U.S.C. secs.
3901 et seq., as amended.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 75, sec. 2, effective June 27, 2019; and ch. 166,
sec. 4, effective June 27, 2019. -- Amended 1996 Ky. Acts ch. 131, sec. 1, effective
July 15, 1996. -- Created 1984 Ky. Acts ch. 278, sec. 1, effective July 13, 1984.
Legislative Research Commission Note (6/27/2019). This statute was amended by 2019
Ky. Acts chs. 75 and 166, which do not appear to be in conflict and have been
codified together.
Notes of Decisions
Cited in
66
cases (
19 in the last 5 years), 1988–2026 · leading case:
Nat'l Home Ins. v. King, 291 F. Supp. 2d 518 (E.D. Ky. 2003).
Nat'l Home Ins. v. King, 291 F. Supp. 2d 518 (E.D. Ky. 2003).
· cites it 23× “KRS 417.050 states, in pertinent part: A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such…”
Conseco Fin. Servicing Corp. v. Wilder, 47 S.W.3d 335 (Ky. Ct. App. 2001).
· cites it 5× “” KRS 417.050. Cf. 9 U.S.C. § 2 . Both acts also provide for procedures whereby disputes over the existence or enforceability of an arbitration agreement may be addressed.”
Ally Cat, LLC v. Chauvin, 274 S.W.3d 451 (Ky. 2009).
· cites it 7× “200; 2) the trial court had no subject matter jurisdiction to order the parties to arbitration because the HOLW’s arbitration provision fails to satisfy the requirements of KRS 417.050; and 3) intermediate relief was warranted even if the trial court had subject matter…”
Marks v. Bean, 57 S.W.3d 303 (Ky. Ct. App. 2001).
· cites it 14× “They also asserted that the arbitration clause was not enforceable pursuant to KRS 417.050. The pertinent parts of this statute provide: A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any…”
Louisville Peterbilt, Inc. v. Cox, 132 S.W.3d 850 (Ky. 2004).
· cites it 5× “More specifically, we are asked to determine whether KRS 417.050 exempts claims that a party was fraudulently induced to enter into a contract, from an otherwise binding arbitration clause contained therein; or does this “exemption” only apply to claims that a party was…”
Scott v. Louisville Bedding Co., 404 S.W.3d 870 (Ky. Ct. App. 2013).
· cites it 16× “Scott argues that the McCarran-Ferguson Act does not apply because KRS 417.050 is not a law “enacted ... for the purpose of regulating the business of insurance.”
Buck Run Baptist Church, Inc. v. Cumberland Sur. Ins. Co., 983 S.W.2d 501 (Ky. 1998).
· cites it 10× “Buck Run argues that the dispute is not subject to arbitration because the performance bond is an insurance contract rendering any dispute arising thereunder exempt from arbitration pursuant to KRS 417.050. Other questions raised will be considered in this Opinion.”
Dutschke v. Jim Russell Realtors, Inc., 281 S.W.3d 817 (Ky. Ct. App. 2008).
· cites it 8× “On May 8, 2007, the trial court entered an order denying the Dutschkes' motion to vacate the arbitration award and, instead, confirming the award.”
Michael Schnuerle v. Insight Commc'ns Co., L.P., 376 S.W.3d 561 (Ky. 2012).
· cites it 2× “050 provides that "[a] written agreement to submit any existing controversy to arbitration or a provision in written contract to submit to arbitration any controversy thereafter arising between the parties is valid, 22 enforceable and irrevocable, save upon such grounds as exist…”
Hathaway v. Eckerle, 336 S.W.3d 83 (Ky. 2011).
· cites it 3× “Appellant petitioned the Court of Appeals for a writ of prohibition, arguing that the circuit court was acting outside of its jurisdiction because the arbitration clause did not satisfy the requirements of KRS 417.050 or KRS 417.200, that she had no adequate remedy by appeal,…”
Kindred Hospitals Ltd. P'ship v. Lutrell, 190 S.W.3d 916 (Ky. 2006).
· cites it 3× “Kindred filed a motion pursuant to KRS 417.050 2 to dismiss or, in the alternative, to stay litigation pending arbitration of the parties’ controversy.”
— Ky. Rev. Stat. § 417.050(2) — 5 cases
Nat'l Home Ins. v. King, 291 F. Supp. 2d 518 (E.D. Ky. 2003).
“KRS 417.050 states, in pertinent part: A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such…”
Scott v. Louisville Bedding Co., 404 S.W.3d 870 (Ky. Ct. App. 2013).
“Scott argues that the McCarran-Ferguson Act does not apply because KRS 417.050 is not a law “enacted ... for the purpose of regulating the business of insurance.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.