Question 1 of 10

Alpha Ltd and Beta Ltd have been trading for some months. Alpha supply ball bearings to Beta which they use in the manufacture of skateboards. The parties did not sign a contract when they commenced trading. Each order is placed using a simple form which does not contain any terms and conditions. Both parties are domiciled in England. A dispute has now arisen as to the quality of the latest batch of ball bearings. Beta wish to resolve the dispute by arbitration. They rely on an email exchange between the respective Managing Directors just after the successful completion of the first order. Anita Jones of Beta wrote to Ben Rickman of Alpha that she was delighted with the quality and prompt dispatch of the order and she wished to continue trading but it might be a “good idea to agree to refer any disputes we have to arbitration”. Ben replied, also in writing, that he was willing to give it a try. Ben did not seek any legal advice at the time.Alpha seek advice as to whether there is a valid arbitration clause. Which statement BEST describes the position?