Arbitration Agreements to Be in Writing; Definitions

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  7. Arbitration Agreements to Be in Writing; Definitions

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  1. All arbitration agreements shall be in writing.
  2. A written arbitration agreement means that its contents are recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means.
    1. As used in this subsection, the term:
      1. "Data message" means information generated, sent, received or stored by electronic, magnetic, optical, or similar means, including, but not limited to, electronic data interchange (EDI), e-mail, telegram, telex, or telecopy.
      2. "Electronic communication" means any communication that the parties make by means of data messages.
    2. The requirement that an arbitration agreement be in writing may be met by an electronic communication if the information contained therein is accessible so as to be useable for subsequent reference.
  4. An arbitration agreement shall be deemed to be in writing if it is contained in an exchange of statements of claim and defense in which the existence of an arbitration agreement is alleged by one party and not denied by the other.
  5. The reference in a contract to any document containing an arbitration clause shall constitute an arbitration agreement in writing, provided that the reference is such as to make that clause a part of the contract.

(Code 1981, §9-9-28, enacted by Ga. L. 2012, p. 961, § 1/SB 383.)


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