Art. 1161.
(1) A dispute to be resolved by an arbitration court requires a parties' agreement, which must specify the subject matter of the dispute or the legal relationship from which the dispute arose or may arise (arbitration clause).
(2) Provisions of an arbitration clause that violate the principle of equality of parties, in particular those that entitle only one party to bring an action before the arbitration court provided in the clause or before the court, are null and void.
(3) The arbitration clause may designate the permanent arbitration court as competent to adjudicate a dispute. Unless the parties have agreed otherwise, they shall be bound by the rules of procedure of the permanent arbitration court in force on the date on which the action was brought.
Art. 1162.
(1) The arbitration clause should be made in writing.
(2) The requirement concerning the form of the clause is also fulfilled where the clause is contained in written communications exchanged between the parties or statements made by means of distance communication which make it possible to record their contents. The reference in an agreement to a document containing an arbitration clause satisfies the requirements concerning the form of the arbitration clause if the agreement is made in writing, and this reference is of such a nature as to make the clause a part of the agreement.
