Commentary

16 Formal requirements for an arbitration agreement

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

16 Formal requirements for an arbitration agreement

| Commentary

16 Formal requirements for an arbitration agreement

An ‘arbitration agreement’ is defined, for the purposes of Part I of the Arbitration Act 1996, as an agreement to submit any present or future disputes, whether they are contractual or not, to arbitration1.

Section 5 of the Arbitration Act 1996 provides that the Act applies only to arbitration agreements that are ‘in writing’, which is defined to include agreements ‘made by exchange of communications in writing’ and agreements ‘evidenced in writing’2. Case law has confirmed that Section 5 also encompasses agreements made (either orally or by conduct) by

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