Opinion by: SANDEE BRYAN MARION, Justice.
Appellant, Dora Serna, and appellee, International Bank of Commerce ("IBC") entered into negotiations involving Serna's purchase of three properties pursuant to an earnest money contract. When the negotiations failed, Serna sued IBC for fraud and for violations of the Texas Deceptive Trade Practices Act. Less than two months after being sued, IBC filed a "Motion to Compel Arbitration and Stay Civil Proceedings." On May 17, 2006, the trial court granted the motion. Following the denial of her petition for writ of mandamus seeking to overturn the trial court's order, Serna filed a "Demand for Arbitration with the American Arbitration Association." In her demand, Serna identified the "nature of the dispute" as "misrepresentations
In her first issue, Serna argues the arbitration provision contained in the earnest money contract was not mandatory. Serna relies on a single sentence in the arbitration provision that she contends allows the parties to seek either arbitration or judicial proceedings to resolve their disputes. In the alternative, Serna contends she and IBC agreed not to arbitrate her DTPA claim.
We interpret arbitration agreements under traditional contract principles. J.M. Davidson, Inc. v. Webster, 128 S.W.3d 223, 227 (Tex.2003). We examine and consider the entire writing in an effort to harmonize potential conflicts between differing provisions and give effect to all the provisions of the contract so that none will be rendered meaningless. MCI Telecomms. Corp. v. Texas Utils. Elec. Co., 995 S.W.2d 647, 652 (Tex.1999); In re Premont Indep. Sch. Dist., 225 S.W.3d 329, 333 (Tex.App.-San Antonio 2007, orig. proceeding). No single provision taken alone will be given controlling effect. In re Premont Indep. Sch. Dist., 225 S.W.3d at 333. If a written contract is so worded that it can be given a certain or definite legal meaning or interpretation, then it is not ambiguous and the court will construe the contract as a matter of law. Coker v. Coker, 650 S.W.2d 391, 393 (Tex.1983). When a contract is not ambiguous, the contract should be enforced as written. Lopez v. Munoz, Hockema & Reed, L.L.P., 22 S.W.3d 857, 862 (Tex.2000).
Here, the arbitration provision contained in the earnest money contract provides as follows:
The parties agree as follows:
On appeal, Serna asserts the statement that "[t]he Parties agree that legal action regarding this agreement and any liabilities hereunder shall either be brought by arbitration, as described herein, or by judicial proceedings" indicates arbitration was not mandatory and either party could elect to resolve their dispute in a judicial proceeding. Alternatively, Serna contends this sentence renders the arbitration provision ambiguous, and therefore, unenforceable. We disagree with both arguments.
Paragraph (a) unambiguously mandates that any "arbitrable dispute" "shall be settled by arbitration." Paragraph (b) broadly defines "arbitrable dispute" to include "any claim based on contract, tort or statute" that arises out of or relates to the transaction evidenced by the earnest money contract. Paragraphs (a) and (b), therefore, require that any contractual, tort-based, or statutory claim arising out of or related to the earnest money contract must be submitted to arbitration. The sentence in paragraph (e) on which Serna relies may be harmonized with this mandate because paragraph (e) addresses the resolution of any dispute other than one arising out of or related to the earnest money contract, arising in contract, tort or statute, and provides that any other such dispute may be brought by arbitration or by judicial proceedings, so long as the dispute is not pursued in different or alternate forums. Because Serna does not contend her claims against IBC are not within the scope of an "arbitrable dispute" as that term is defined in the agreement, paragraph (a) requires that the dispute be settled by arbitration. To hold otherwise, would render paragraph (a) meaningless.
As to Serna's argument that she and IBC agreed not to arbitrate whether the bank violated the DTPA, Serna relies on the following clause, which is contained in a section entitled "DISCLAIMER, WAIVER OF CLAIMS, AND INDEMNIFICATION":
Contrary to Serna's contention on appeal, this provision does not evidence an agreement between the parties that DTPA claims will not be subject to arbitration. Instead, this clause addresses Serna's waiver of her right to bring a DTPA claim.
In her final issue, Serna asserts the trial court erred in compelling arbitration because she did not agree to mandatory arbitration and she did not waive her constitutional right to trial by jury.
As we concluded above, the arbitration provision contained in the earnest money
Serna's argument that arbitration deprived her of her constitutional right to a jury trial also lacks merit. When, as here, a party agrees to have a dispute resolved through arbitration rather than a judicial proceeding, that party has waived its right to a jury trial. Massey v. Galvan, 822 S.W.2d 309, 318 (Tex. App-Houston [14th Dist.] 1992, writ denied) (holding appellants could not claim they were entitled to jury trial after they submitted to arbitration and arbitrators made an award appellants felt was in error).
We overrule Serna's issues on appeal and affirm the trial court's judgment.