Arbitration agreement: requirements, form and content by Hesham Elrafei Fciarb

 

What are the criteria\requirements for an effective, valid arbitration agreement?






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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