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Part II Consent in commercial arbitration, 6 The Valid Reaching of Mutual Consent to Arbitration

From: Consent in International Arbitration

Andrea Marco Steingruber

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 25 January 2022

Subject(s):
Arbitral agreements — Arbitral tribunals — Conduct of proceedings — Conflict of laws — New York Convention on Enforcement of Judgments
6.01 This chapter examines the requirements which have to be fulfilled to validly reach mutual consent to arbitration. Mutual consent to arbitration is expressed in an arbitration agreement. As with other contracts, in an international context the first important question is which law governs the arbitration agreement (Section A). This question is of utmost importance, because the form requirements and the mode of determination of the law governing the substantive validity of arbitration agreements (ie consent) may vary from country to country. 6.02 The chapter...
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