Can I require customers to sign contracts with binding arbitration clauses in Louisiana? What are the requirements?

To require customers to sign contracts with binding arbitration clauses in Louisiana, the following requirements must be met:

Validity of Arbitration Agreements [LARS § 9.4201]

An arbitration agreement is valid, irrevocable, and enforceable in Louisiana if it is in writing and contains a provision to settle by arbitration a controversy arising out of the contract or an agreement in writing between two or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit. The agreement must be signed by the parties and must not be null and void, inoperative, or incapable of being performed.

Definition and Form of Arbitration Agreement [LARS § 9.4247]

An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. The agreement must be in writing and signed by the parties or contained in an exchange of letters, telex, telegrams, or other means of telecommunication that provide a record of the agreement. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference makes that clause part of the contract.

Voluntary Arbitration; Medical or Dental Practitioner and Patient [LARS § 9.4231]

If the contract involves medical or dental services, the decision to enter into the contract must be voluntary on the part of the patient and the medical or dental practitioner. If both parties voluntarily agree to enter such a contract, the arbitration agreement must be in writing and signed by the parties. The agreement must contain provisions for the appointment of arbitrators and the conduct of the arbitration hearing.

Voluntary Arbitration; Patient and Medical Institution [LARS § 9.4232]

If the contract involves a medical institution, the arbitration agreement must be in writing and signed by the parties. The agreement must contain provisions for the appointment of arbitrators and the conduct of the arbitration hearing.

Therefore, you can require customers to sign contracts with binding arbitration clauses in Louisiana as long as the requirements mentioned above are met.

Jurisdiction

Louisiana

• General