Art. 3.
(1) An arbitration agreement is an agreement by the parties to submit to arbitration all or some of the disputes which have arisen or may arise between them in respect of a defined contractual or other legal relationship.
Art. 4.
(1) An arbitration agreement may be in the form of a separate agreement or in the form of an arbitration clause in a contract.
(2) In order to be valid an arbitration agreement shall be in writing.
(3) An arbitration agreement is also in writing if:
- the arbitration agreement is contained in an exchanged written communication between the parties, or
- it was concluded by electronic means that are capable of recording the substance of such legal act and the identity of the party making it.
(4) A reference in a contract or in written communication between the parties to any document containing an arbitration clause constitutes an arbitration agreement in writing, provided the reference is such as to make that clause, in the intention of the parties, part of the contract.
(5) An arbitration agreement is in writing even in the case of acceding in writing to a contract under a special law, which includes a valid arbitration clause. This also applies to situations of acquiring a membership in an association or in another legal entity, of whose internal governance documents contain an arbitration clause.
(6) A written form of an arbitration agreement can be substituted by a statement of the parties accepting the jurisdiction of the arbitral tribunal, recorded in minutes drawn up by the arbitrator. The minutes shall include an arbitration agreement under Section 3.
(7) An arbitration agreement is also considered to be concluded in writing within the scope of a filed claim if its existence is asserted in the statement of claim and is not denied by the respondent in the statement of defence delivered to the arbitral tribunal.
