6. Section 25(c) is a default rule only because it is waivable under Section 4(a). If the parties wish to contract for a different rule, they remain free to do so.

§8726.__Jurisdiction

1.__Jurisdiction to enforce agreement.__A court of this State having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.

2.__Exclusive jurisdiction.__An agreement to arbitrate providing for arbitration in this State confers exclusive jurisdiction on the court to enter judgment on an award under this chapter.

Uniform Comment

1. The term "court" is now in the definition section at Section 1(3).

2. Section 26(a) deals with the enforceability of arbitration agreements. A person may seek to enforce an agreement to arbitrate in accordance with Sections 6 and 7 in a State that has personal and subject matter jurisdiction. For example, consider a manufacturer that is a New York corporation and a consumer who resides in Missouri have an arbitration agreement that provides for arbitration in the State of New York. If the consumer challenges the enforceability of the arbitration clause, the consumer could do so in a Missouri court that would otherwise have subject matter and personal jurisdiction over the New York corporation.

3. Section 26(b) follows the almost unanimous holdings of courts under the present, same language of Section 17 of the UAA that if the parties in their agreement designate a place for the arbitration proceeding, then that State has exclusive jurisdiction to determine the validity of an arbitrator's award in accordance with Section 25. The rationale of these courts has been to prevent forum-shopping in confirmation proceedings and to allow party autonomy in the choice of the location of the arbitration and its subsequent confirmation proceeding. State ex rel. Tri-County Constr. Co. v. Marsh, 668 S.W.2d 148, 152 (Mo.