Substance of Existence of Agreement

Even if it is presumed that signing an agreement with an arbitration clause can be regarded as submission of a (non-existent) dispute to arbitration, it will not follow that as a matter of law, since there will be no implied authority to execute such a contract. All these are issues that will pose mixed questions of fact and law and will relate to the substance of existence rather than the form of existence, i.e., a written agreement.