Writing Requirement In An Institutional Arbitration Agreement

Abstract

The research aimed to clarify the position of legislation and institutional arbitration regulations on the requirement of writing in the arbitration agreement, review the forms of writing in the institutional arbitration agreement, and determine the effects of the presence or absence of writing in the institutional arbitration agreement. The research relied on the analytical and comparative approaches, through analysis The texts of Federal Law No. (6) of 2018 regarding arbitration and its amendments compared to the Egyptian Arbitration Law No. (27) of 1994 and its amendments.

The research reached several results, the most important of which is that the Emirati legislator took a clear position on writing as a pillar of the arbitration agreement and decided on a rule requiring that writing be a condition. Validity is related to the existence of the agreement itself, and not only an external element required for proof. Failure to write results in the absolute invalidity of the agreement related to public order.