An arbitration agreement shall be in writing.
§ 1297.72.Agreement to Be In Writing
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration · Article 1. Definition and Form of Arbitration Agreements · Last amended 2025 · Last verified July 29, 2026
In one sentenceSection 1297.72 requires that an arbitration agreement governed by this title be in writing, setting the baseline formality requirement that Section 1297.73 then defines in detail.
Full Text of § 1297.72
Plain-English Summary
This section is short by design -- it states the rule, and leaves the definition to the section right after it. An arbitration agreement under this title has to be in writing. An oral understanding to arbitrate, standing alone, does not satisfy this title's requirements no matter how clearly the parties meant it.
What counts as “writing” is not left to guesswork, though. Section 1297.73 spells out a broad and modern set of forms that qualify, from signed documents to electronic communications to an exchange of pleadings. This section supplies the rule; the next one supplies the reach.
Frequently Asked Questions
Is an oral agreement to arbitrate enforceable under this title?
No -- Section 1297.72 requires the arbitration agreement to be in writing.
Where does the definition of what counts as 'in writing' come from?
Section 1297.73, which sets out a broad list of forms that satisfy the writing requirement.
Amendment History
Amended by Stats 2024 ch 90 (AB 1903),s 3, eff. 1/1/2025. Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: arbitration agreement writing requirement californiawritten arbitration agreement international