Meaning of Writing in “Arbitration Agreement”; Current Development
- DOI
- 10.2991/assehr.k.200917.008How to use a DOI?
- Keywords
- arbitration clause, “arbitration agreement”
- Abstract
”arbitration agreement”, in order to be enforceable must be made in writing. The “arbitration agreement” itself can be incorporated in the main agreement as arbitration clause, that made the main agreement must be made in writing; or specifically made in a form of a separate agreement from the main agreement. This research will discuss and elaborate the development of the interpretation of the words “made in writing” of an “arbitration agreement” to be enforceable before the arbitration tribunal as well as in court of justice. This research is a normative legal research. It conducts literature review on the development of court cases with respect to the interpretation of “made in writing” of “arbitration agreement”. This research used secondary data which can be used to explain the development of the issue of this research. This research used qualitative approach to elaborate and discuss the data obtained through literature review, to provide the conclusion. Data and analysis proved that “in writing” did not mean the “arbitration agreement” must be signed, however there must be sufficient evidences “in writing” that showed that the intention of the parties was to submit their disputes to an arbitration. The “arbitration agreement” itself must be accompanied with relevant clauses that made it possible for execution.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Gunawan Widjaja PY - 2020 DA - 2020/09/17 TI - Meaning of Writing in “Arbitration Agreement”; Current Development BT - Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019) PB - Atlantis Press SP - 34 EP - 36 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200917.008 DO - 10.2991/assehr.k.200917.008 ID - Widjaja2020 ER -