Under NY arbitration law, which element is required to exist the contract for arbitration to be enforceable?

• A. The contract must be notarized
• B. Existence of a writing
• C. The parties must be of the same nationality
• D. The contract must be over $1,000

Answer: (B)

In New York, an agreement to arbitrate must be in writing. That written form is what makes the contract to arbitrate enforceable, because it clearly evidences mutual assent and defines the scope of arbitration. The writing requirement is set by statute (CPLR 7501), so without a written agreement or a written record of the arbitration promise, a court won’t compel arbitration. Notarization isn’t required, and nothing about nationality or a monetary amount affects this enforceability. So the essential element is that there is a writing showing the agreement to arbitrate.