apr 09

Formal Validity Of Arbitration Agreement

1. The material validity of the arbitration agreement without the choice of law; Both the Swedish Arbitration Act 1999 and the 1998 Arbitration Act contain detailed provisions on the arbitration agreement. A comparative study on… 2. The formal validity of the arbitration agreement, if it is to be determined by the court; It is customary for arbitration to be consensual. It is also customary for any arbitration procedure to be as good as the arbitration agreement on which it is based. However, in practice, parties to international commercial contracts do not pay the necessary attention to the development of the arbitration agreement. They dispel the idea that their excellent business atmosphere could end in arbitration. Instead, they hope for ”only the best.”1 This natural conflict between the psychological situation at the time of the development of an arbitration agreement and the role of that agreement as the basis for arbitration shows the importance of the rules of the applicable arbitration law that deal with the material and formal validity of the arbitration agreement.

5 There are therefore only three different points of connection, the seat which is the strongest of them with regard to the determination of the law which governs all aspects of the validity of international arbitration agreements for six different legal issues (see points 2 and 4) of different legal issues. (a) The material validity of an international arbitration agreement must be determined in accordance with the law chosen by the parties to this agreement or, without specifying, according to the applicable law at the place (seat) of the arbitration procedure. 1 The validity of the arbitration agreement is above all in accordance with the law chosen by the parties. As a general rule, international commercial contracts do not contain specific clauses of choice for the arbitration agreement contained in those contracts. The general choice clause of the law contained in the contract, which establishes the law of the contract, does not necessarily apply to the arbitration agreement, which is a separate contract.

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