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Applicable law, amiable compositeur | Arbitration Q&A by Hesham Elrafei
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An effective, valid arbitration agreement must meet the following criteria:
the agreement is in writing; | |
it deals with existing and future disputes; | |
disputes related to defined legal relationships, whether contractual or not; | |
Dispute capable of settlement by arbitration (arbitrability). | |
Legal capacity of the parties. | |
The agreement must be valid. |
What are the 2 options under article 7 of the UNCITRAL model law regarding the writing requirement of an arbitration agreement? | |
Option I of the Model Law: writing but no signature required The agreement shall be in writing in the Option 1 version of the Model Law (2006). There is no requirement that the parties sign the arbitration agreement. | |
Option 2 of the Model Law: No requirement |
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