§ 9-9-28.Arbitration agreements to be in writing; definitions

Subsection (a) sets the baseline rule: arbitration agreements have to be in writing. But the rest of the section makes clear that “in writing” is a low bar, not a formality that trips people up. Subsection (b) says a written agreement exists whenever its contents are recorded in any form — it does not matter whether the parties struck the deal orally, through their conduct, or by some other means, as long as the substance ends up recorded somewhere.

Subsection (c) brings the writing requirement into the digital world. It defines a “data message” broadly — electronic data interchange, email, telegram, telex, telecopy, and similar means — and an “electronic communication” as any communication the parties make through such messages. An electronic communication satisfies the writing requirement as long as the information in it can be pulled up and used again later.

Subsections (d) and (e) cover two more situations that come up in practice. If one party’s claim asserts that an arbitration agreement exists and the other side never denies it in the exchange of claim and defense, the agreement counts as being in writing. And if a contract points to a separate document that contains an arbitration clause, that reference counts as a written arbitration agreement too, provided the reference makes the clause part of the contract rather than a passing mention.