Written Arbitration Agreements – What Written Arbitration Agreements?

Citation

Yu H (2013) Written Arbitration Agreements – What Written Arbitration Agreements?. Civil Justice Quarterly, 32 (1), pp. 68-93.

Abstract
First paragraph: This article considers the issue of an oral arbitration agreement in relation to the New York Convention. As Townsend once said "[a]rbitration offers a means to an end, and the end is to the resolution of disputes." This end would be extremely difficult to achieve without the approval of national courts. Fortunately, with 146 signatory countries signed on the New York Convention on the Recognition and Enforcement of Arbitral Awards 1958 (The New York Convention), the success of this Convention has attracted businessmen into using arbitration to resolve their disputes. Nevertheless, a voluntary arbitration cannot be commenced without a valid arbitration agreement. Setting out to achieve harmonisation in the enforcement of arbitration agreements, art.II of the New York Convention provides the written requirements to be followed by all 146 signatory countries. Accordingly, written requirements for arbitration are imposed upon all signatory countries and they are obliged under the convention to recognise all arbitration agreements which are made in writing.

Keywords
Arbitration agreements; Comparative law; France; New York Convention awards; New Zealand; Oral contracts; Scotland

Journal
Civil Justice Quarterly: Volume 32, Issue 1

• 2013_32_CJQ_Issue_1_Print_Yu.pdf