<abstract xmlns="http://www.w3.org/1999/xhtml"><p>An arbitration agreement is an agreement in which two or more parties agree that a dispute which has arisen or may arise between them shall be resolved by one or more arbitrators. For the past decades, the written form has been a key requirement for arbitration agreements. However, there has arisen a shift in national laws towards the abandonment of this formal requirement to give the parties more freedom in the expression of their arbitration agreement. This argues for this abandonment and discusses how this can be realized in national laws.</p></abstract>

An arbitration agreement is an agreement in which two or more parties agree that a dispute which has arisen or may arise between them shall be resolved by one or more arbitrators. For the past decades, the written form has been a key requirement for arbitration agreements. However, there has arisen a shift in national laws towards the abandonment of this formal requirement to give the parties more freedom in the expression of their arbitration agreement. This argues for this abandonment and discusses how this can be realized in national laws.

A Proposal for the Abandonment of the Writing Requirement for Arbitration Agreements in National Laws

Vietnamese Journal of Legal Sciences

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

An arbitration agreement is an agreement in which two or more parties agree that a dispute which has arisen or may arise between them shall be resolved by one...

A Proposal for the Abandonment of the Writing Requirement for Arbitration Agreements in National Laws

Publié en ligne: 14 oct. 2020

Pages: 16 - 44

DOI: https://doi.org/10.2478/vjls-2020-0008

Mots clés
abandonment, arbitration agreement, freedom, national law, writing requirement

© 2020 Van Dai Do, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

A Proposal for the Abandonment of the Writing Requirement for Arbitration Agreements in National Laws

Publié en ligne: 14 oct. 2020

Pages: 16 - 44

DOI: https://doi.org/10.2478/vjls-2020-0008

Mots clésabandonment, arbitration agreement, freedom, national law, writing requirement

© 2020 Van Dai Do, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Mots clés
abandonment, arbitration agreement, freedom, national law, writing requirement