"Historically, predispute arbitration agreements were frowned upon by courts and legislatures. Some states enacted statutes/regulations that severely limited predispute arbitration agreements. For example, Texas required predispute arbitration agreements to be in writing and signed by all parties and attorneys who represented them. If these requirements were not met, the arbitration agreement was unenforceable as a matter of public policy. Then, along came the Federal Arbitration Act, which not only encouraged arbitration in federal court disputes but also in state court matters. The Federal Arbitration Act effectively preempted the state laws/regulations that inhibited predispute arbitration agreements. However, there was still a requirement that there actually be an agreement to arbitrate. Typically, this meant the arbitration agreement was to be in writing and signed by the parties to be bound.

In today’s digital world of consumer transactions, one may be faced with a motion to compel arbitration when arbitration is nowhere to be found and when least expected. The purpose of this article is to make the reader aware of the existence of 'hidden' arbitration requirements in consumer transactions and where to look for them."