Originally from Dispute Resolution Journal

CONSTRUCTION-VALIDITY OF ARBITRATION AGREEMENT-MOTION TO CONFIRM LOUISIANA

The trial court erred in refusing to recognize the validity of an arbitration agreement that was signed by only one party, because Louisiana law requires only that the agreement to arbitrate be in writing, not that it be in writing and signed.

Hurley, a home builder, sought the services of Fox, an architect, in connection with the construction of a resi dence. The contract, which included an arbitration provision, was signed only by Fox. Several disputes arose over matters of construction and design. Both parties began participating in the arb itration process until, shortly before the hearing, Hurley decided that she was not bound to participate because she had not signed the contract. The arbitration hearing was conducted without Hurley, who refused to attend. An award was rendered in favor of Fox.

The trial court den ied Fox's motion to confirm the award because Hurley failed to sign the agreement.