The effect of writing on the arbitration agreement

Abstract

Arbitration is one of the most essential alternative dispute resolutions due to its swiftness, flexibility, and simplicity. This paper addresses the question of the impact of writing down the arbitration agreement in traditional arbitration since arbitration is one of the alternatives that individuals resort to resolve their disputes. When various laws differed over determining the legal value of writing down the arbitration agreement, some laws stipulate that writing down the arbitration agreement is required for completing its formation. In contrast, other laws consider writing down the arbitration agreement as a condition for proving its existence. The paper concludes with a set of results, the most important of which is that the Palestinian Arbitration Law did not specify the legal value of writing down the arbitration agreement, be it for completing its formation or just for proving its existence; in comparison, Palestinian courts’ judgments affirm that writing down the arbitration agreement is a condition for completing its formation. Finally, the paper lists a set of recommendations, the most important of which is to work on amending the text of Article 5 of the Palestinian Arbitration Law by determining the legal value of writing down the arbitration agreement, whether it is for completing its formation or proving its existence. The authors recommend making writing it down a condition for completing its formation.