Can I require employees to sign arbitration agreements in Louisiana? What are the requirements?

Yes, you can require employees to sign arbitration agreements in Louisiana. The Louisiana Arbitration Law, R.S. 9:4201 et seq., governs arbitration agreements in Louisiana.

Requirements for an Arbitration Agreement

An arbitration agreement must be in writing and signed by the parties or contained in a document signed by the parties. An agreement may also be in the form of an exchange of letters, telex, telegrams, or other means of telecommunication which provide a record of the agreement, or in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by another ^[4.1].

Validity of Arbitration Agreements

An arbitration agreement in Louisiana is valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract ^[1.1].

Stay of Proceedings

If any suit or proceedings be brought upon any issue referable to arbitration under an agreement in writing for arbitration, the court in which suit is pending, upon being satisfied that the issue involved in the suit or proceedings is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until an arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with the arbitration ^[1.2].

Therefore, you can require employees to sign arbitration agreements in Louisiana as long as the agreement is in writing and signed by the parties, and the issue involved in the suit or proceedings is referable to arbitration under such an agreement.

Source(s):

• [1.1] Validity of arbitration agreements
• [4.1] Definition and form of arbitration agreement
• [1.2] Stay of proceedings brought in violation of arbitration agreement

Jurisdiction

Louisiana

• Labor