...expressly discussed by the parties. To balance the need of buyers and sellers to do business efficiently UCC 2-201 (2) provides that in contracts between merchants, boiler-plate terms in buyers' or sellers...respondent." ( Trafalgar Sq. v Reeves Bros., 7 UCC Rep Serv 712 [Sup Ct, NY County 1970].) The First Department, relying independently on pre-UCC law and UCC 2-201 (2), reversed and compelled...oral agreement is the usual and recognized contract between the parties and has become part of our statutory law (Uniform Commercial Code, § 2-201, subd. [2])." ( Loudon Mfg. v American Efird Mills, 46 AD2d 637, 638.)
This clear signal in the 1970s that arbitration clauses in a confirmatory writing were per se enforceable under UCC 2...