(a) An arbitration agreement must be in writing. The agreement is in writing if it is contained in:
(1) a document signed by each party;
(2) an exchange of letters, telexes, telegrams, or other means of telecommunication that provide a record of the agreement; or
(3) an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by another.
(b) A contract reference to a document containing an arbitration clause is an arbitration agreement if the contract is in writing and the reference is sufficient to make that clause part of the contract.

Terms Used In Texas Civil Practice and Remedies Code 172.032

  • Contract: A legal written agreement that becomes binding when signed.
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005