Section 3033. Contracts to submit; enforcement of submission

1. Any written
  contract,  otherwise  valid  under  the  substantive  law, to submit any
  existing or future controversy to the court pursuant to section 3031  is
  valid  and  enforceable  and shall be construed as an implied consent of
  the parties to the jurisdiction of the supreme court of  this  state  to
  enforce  it  pursuant  to  the  procedures  of  rule  3036, and to enter
  judgment thereon, and shall constitute a waiver by the  parties  of  the
  right to trial by jury.
    2.  If  the  parties to a dispute arising under a contract to submit a
  controversy to the court under section 3031 are unable  to  agree  on  a
  statement  of  claims  and  defenses  and relief sought pursuant to that
  section, the court on motion shall settle the terms  of  the  statement.
  In  deciding  the  motion  the  court  shall  consider and determine any
  questions as to the existence of the contract or  its  validity  or  the
  failure  of  any  party to perform it. If a substantial issue of fact be
  raised as to the making of the contract or submission or the failure  to
  comply  therewith,  the  court  or  judge shall proceed to trial of such
  issue without a jury, unless either party should demand a jury trial.