CONSIDERAŢII ÎN LEGÃTURÃ CU FORMA SCRISÃ A CONVENŢIEI ARBITRALE

Formal validity of an arbitration agreement is closely linked to the consent of the parties to arbitration. The requirement of arbitration agreement in written form is intended to ensure that the parties actually agreed on resolving the dispute through arbitration. Therefore, matters related to the performance of formal requirements of arbitration agreement and the necessary approval for arbitration, expressed under the arbitration agreement, are often interrelated and jointly approached. In accordance with the Convention of New-York (1958), the arbitration agreement enforcement, and of any other decision, requires an arbitration agreement concluded in writing. The formal requirements do not necessarily promote legal certainty, frequently being sources of circumstantial disputes. For these reasons, the requirement of arbitration agreement in written form, in most national laws and under the Convention in New York, was more liberally construed. In any case, the requirements of the arbitration agreement to be concluded in written form should be construed more dynamically, in the light of modern means of communication.