(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.

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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