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3 The Arbitration Agreement

From: International Arbitration: Law and Practice in Switzerland

Gabrielle Kaufmann-Kohler, Antonio Rigozzi

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 16 August 2022

Arbitrability — Consent to jurisdiction — Parties to the dispute (and jurisdiction) — Subject matter of the dispute (and jurisdiction) — Time limitations (and jurisdiction) — Arbitral agreements

This chapter discusses the notion, content, and effects of the arbitration agreement, defined as an agreement to submit to arbitration all or certain disputes that have arisen or may arise between the parties in respect of a defined legal relationship, whether contractual or not, which may be in the form of a clause in a contract or of a separate ‘submission agreement’ (compromis arbitral). The chapter examines the principle of separability and the requirements for the validity of the arbitration agreement, namely arbitrability, written form, and substantive validity, including the agreement’s formation, interpretation, extension to third parties, and termination. Finally, it discusses to what extent defects of the arbitration agreement can be remedied by conduct.

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