Law & Q&A

Art. 2.

(1) The parties may agree that property disputes between them, except for disputes arising from contracts concluded between the entrepreneur and the consumer, disputes arising in connection with the enforcement of a decision and incidental disputes that would otherwise be subject to the jurisdiction of a court or which are provided for by a special law, will be decided by one or more arbitrators or by a permanent arbitration court (arbitration agreement).

(2) The arbitration agreement may be validly concluded if the parties could reach an amicable settlement on the subject matter of the dispute.⁽¹⁾ 

(4) Unless the arbitration agreement stipulates otherwise, it applies both to rights arising directly from legal relations and to the issue of the legal validity of those legal relations, as well as to rights related to those rights.

(5) The arbitration agreement also binds the legal successors of the parties unless the parties expressly exclude this in the agreement.

^{(1) § 99 of the Civil Procedure Code.}

Art. 3.

(1) The arbitration agreement must be in writing, otherwise it is invalid. The written form is considered preserved even if the arbitration agreement is concluded by telegraph, telex or electronic means that allow the content of the agreement and the identification of the persons who concluded the arbitration agreement to be recorded.

(2) However, if the arbitration clause forms part of the terms and conditions governing the main contract to which the arbitration clause relates, the arbitration clause is validly agreed, even if a written offer to conclude the main contract including the arbitration clause has been accepted by the other party in a manner showing its consent to the content of the arbitration agreement.