Unsigned ‘Terms of Engagement’ Constitutes Valid Arbitration Agreement, Utah Federal Judge Rules

SALT LAKE CITY — An unsigned “Terms of Engagement” document between a U.S. corporation and a Chinese law firm constitutes a valid arbitration agreement, a Utah federal judge has ruled, explaining that the document is enforceable under the Federal Arbitration Act because it constitutes an “exchange of letters.”

On May 20, Judge David Nuffer of the District of Utah enforced an arbitration award rendered in favor of the law firm pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958.

In late 2009, EcoNova Inc. retained TransAsia Lawyers to provide legal services on its behalf. …