The effect of writing on the arbitration agreement

Abstract

Arbitration is one of the most important alternative means of dispute resolution because of its speed, flexibility and simplicity. The research aims to clarify the impact of writing on the permanence of the arbitration agreement if it is to be held and its impact if it is for proof. The research found a set of results, the most important of which is that the Palestinian Arbitration Law did not specify the legal value of writing whether it was for agreeing or proof, as the Palestinian judiciary went on to consider writing as a pillar of the  arbitration agreement. The study came up with a set of recommendations, the most important of which is to amend the text of article (5) of the Palestinian Arbitration Act by determining the legal value of writing in agreeing on arbitration clearly and explicitly as to whether it is for agreement or proof.