Form of Arbitration Agreement in a Comparative Perspective

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.