International Disputes Arbitration Agreements Generally

Part 3, Title 9.3, Chapter 2, Article 1 provides a definition and form of an arbitration agreement for the arbitration and conciliation of international commercial disputes.

Section 1297.71 defines the term “arbitration agreement.” Section 1297.72 requires an arbitration agreement to be in writing.

Section 1297.73 provides that an arbitration agreement is in writing if its content is recorded in any form accessible for subsequent reference that provides a record of the agreement. The terms “electronic communication” and “data message” are defined.

In addition, an arbitration agreement is in writing if it is contained in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other. The reference in a contract to any document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference makes that clause part of the contract.