N.M. Stat. § 44-7A-7
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 upon 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.