It may be oral, but this is inconvenient, because open to disputes; by written agree- ment not under seal (in Louisiana and California the submission must be in writ- ing; 5 La. 133; 2 Cal. 92); by indenture, with mutual covenants to abide by the de- cision of the arbitrator; by deed-poll, or by bond, each party executing an obligation to the other conditioned to be void respect- ively upon the performance of the award; Caldw. Arb. 16; 6 Watts 357. A parol submission followed by a valid award, though not in writing, may be binding and contlusive upon the parties, if the arbi- trators act fairly, but before a party is so bound, the agreement to arbitrate must be duly established; 97 Ala. 52. An offer to arbitrate not accepted by the other party cannot affect his right to sue; 67 Mo. App. 559; where a submission was provided for in a lease, and by failure of the parties to agree upon arbitrators, nothing had been done and suit was brought, the action could be defeated by an offer at the trial to proceed with the ar- bitration; 12 App. Div. N. Y. 421. A stat- utory provision for arbitration has been held not to be exclusive of the common- law right to arbitrate; 50 Neb. 858. See also, as to the effect of statutory provisions upon common-law arbitration, 119 N. Y. 475; 80 Ala. 118. When to be made. A submission may be made at any time of causes not in court, and at common law, where a cause was depending, submission might be made by rule of court before the trial, or by order of nisi prius after it had commenced, which was afterwards made a rule of court; 2 B. & Ald. 395; 3 S. & R. 262; 4 Halst. 198. Who may make. Any one capable of making a a disposition of his property or release of his right, or capable of suing or being sued, may make a binding submis- sion to arbitration; but one under civil or natural incapacity cannot be bound by his submission; Russ. Arb. 20; 2 P. Wms. 45; 9 Ves. 350; 8 Me. 315; 2 N. H. 484; 8 Vt. 472; 16 Mass. 396; 5 Conn. 367; 1 Barb. 584; 2 Rob. Va. 761; 6 Munf. 458; Paine 646; 5 How. 83. In general, in cases of incapacity of the real owner of property, as well as in many cases of agency, the person who has the legal control of the property may make submission, including a husband for his wife; 5 Ves. 846; a parent or guardian for an infant; Freem. 62, 139; 11 Me. 326; 12 Conn. 376; 3 Caines 253 (but not a guardian ad litem; 9 Humphr. 129); a trustee for his cestui que trust; 3 Esp. 101; an attorney for his client; 1 Ld. Raym. 246; 12 Ala. 252; 9 Pa. 101; 2 Hill, N. Y. 271; 4 Т. В. Monr. 375; 7 Cra. 436 (but see 6 Weekl. Rep. 10); an agent duly authorized for his principal; 8 B. & C. 16; 8 Vt. 472; 11 Mass. 449; 5 Green N. J. 38; 29 Ν. Η. 405; 8 N. Y. 160; an executor or administrator at his own peril, but not thereby necessa- rily admitting assets; 20 Pick. 584; 6 Leigh 62: 5 T. B. Monr. 240: 5 Conn. 621; 1 Barb. 419; 3 Harr. N. J. 442; assignees under bankruptcy and insolvency laws, under the statutory restrictions, stat. 6 Geo. IV. c. 16, and state statutes; the right being limited in all cases to that which the person acting can control and legally dispose of; 6 Mass. 78; 6 Munf. 453; 4 T. B. Monr. 240; 21 Miss. 133; but not including a partner, for a partnership; 1 Cr. M. & R. 681; 1 Pet. 221; 19 Johns. 187; 2 N. Η. 284; 5 Gill & J. 412; 12 S. & R. 243; Lind. Partn. 129, 272; 3 Kent 49; the adminis- tratrix of a public contractor may join in a submission to arbitration of a controversy arising out of the contract; 9 App. D. C. 360. What may be included in a submission. Generally, any matter which the parties might adjust by agreement, or which may be the subject of an action or suit at law, except perhaps actions (qui tam) on penal statutes by common informers; for crimes cannot be made the subject of adjustment and composition by arbitration, this being against the most obvious policy of the law; 5 Wend. 111; 2 Rawle 341; 7 Conn. 345;