53-9-6. Restraints on legal proceedings void--Arbitration agreements and certain surety contract limitations enforceable.
Every provision in a contract restricting a party from enforcing his rights under it by usual legal proceedings in ordinary tribunals, or limiting his time to do so, is void. However, agreements to submit controversies to arbitration, as authorized by the Uniform Arbitration Act, are valid and enforceable, and any provision in a surety contract which limits the time for enforcement is valid and enforceable if the limitation of time is not less than two years after the cause of action has accrued.
Source: CivC 1877, §958; CL 1887, §3582; RCivC 1903, §1276; RC 1919, §897; SDC 1939, §10.0705; SL 1971, ch 157, §27; SL 1988, ch 382, §1.
Structure South Dakota Codified Laws
Chapter 09 - Unlawful Contracts
Section 53-9-1 - Contract provisions contrary to law, unlawful.
Section 53-9-2 - Gambling contracts void.
Section 53-9-3 - Contracts against public policy.
Section 53-9-4 - Penalties for nonperformance of contract void, exceptions.
Section 53-9-5 - Contracts fixing damages void, exception.
Section 53-9-7 - Contract in restraint of marriage void.
Section 53-9-8 - Contracts in restraint of trade void--Exceptions.
Section 53-9-11 - Employment contract--Limitation on competition.
Section 53-9-11.1 - Health care provider--Contract to restrict practice--Prohibition--Exception.
Section 53-9-13 - Coerce or compel an abortion--Contract void.