<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The arbitration agreement is one of the basic pillars and conditions of arbitration, without which arbitration cannot take place. In addition to the content requirements, it must be concluded in the required form in accordance with the relevant regulations. This article deals with the form of an arbitration agreement and on the example of various legal orders it shows the possibilities that can be encountered in the issue of formal requirements on an arbitration agreement. The comparative approach is intended to underline the importance of arbitration in international context and the importance of uniform, or at least similar, regulation from the point of view of legal certainty, for example. Despite the partial differences, it can be positively stated that the legal systems strive for a balance between informality and excessive formalism, and respect (also for practice) important principles important such as potius valeat actus quam pereat or the autonomy of the parties.</p></abstract>

The arbitration agreement is one of the basic pillars and conditions of arbitration, without which arbitration cannot take place. In addition to the content requirements, it must be concluded in the required form in accordance with the relevant regulations. This article deals with the form of an arbitration agreement and on the example of various legal orders it shows the possibilities that can be encountered in the issue of formal requirements on an arbitration agreement. The comparative approach is intended to underline the importance of arbitration in international context and the importance of uniform, or at least similar, regulation from the point of view of legal certainty, for example. Despite the partial differences, it can be positively stated that the legal systems strive for a balance between informality and excessive formalism, and respect (also for practice) important principles important such as potius valeat actus quam pereat or the autonomy of the parties.

Form of Arbitration Agreement in a Comparative Perspective

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Form of Arbitration Agreement in a Comparative Perspective"}

The arbitration agreement is one of the basic pillars and conditions of arbitration, without which arbitration cannot take place. In addition to the content...

Form of Arbitration Agreement in a Comparative Perspective

Publié en ligne: 21 févr. 2021

Pages: 38 - 72

DOI: https://doi.org/10.2478/iclr-2020-0017

Mots clés
arbitration, arbitration agreement, form of arbitration agreement, consumers, handwritten signature, electronic signature, jurisdiction of arbitrator, written form

© 2020 Lukáš Ryšavý, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Form of Arbitration Agreement in a Comparative Perspective

Publié en ligne: 21 févr. 2021

Pages: 38 - 72

DOI: https://doi.org/10.2478/iclr-2020-0017

Mots clésarbitration, arbitration agreement, form of arbitration agreement, consumers, handwritten signature, electronic signature, jurisdiction of arbitrator, written form

© 2020 Lukáš Ryšavý, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
arbitration, arbitration agreement, form of arbitration agreement, consumers, handwritten signature, electronic signature, jurisdiction of arbitrator, written form