CEU Electronic Theses and Dissertations, 2007
| Author | Jankovic, Bojana |
|---|---|
| Title | Formal validity of arbitration agreements entered into by means of electronic communication |
| Summary | This paper represents a review of the notion of granting formal validity to the arbitration agreements entered into by various means of electronic communication. The legal basis for the relevant pro and contra reasons for the possibility of providing these agreements with the full formal validity is Article II (2) of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (hereinafter referred to as the : “New York Convention”). Taking into account the requirement of “written form”, this paper contains the legal analysis of different aspects taken by the different authors and expressed in court practice. Although this paper contains references to some of the national statutes and international conventions, it is focused mainly on the New York Convention. With respect to the available legislation and literature, this paper advocates in favor of the formal validity of these arbitration agreements. This standing is shown and supported by the more extensive and more flexible interpretation of the requirements prescribed within Article II (2) of New York Convention. In addition, the argumentation in this paper is based on the analogy between the use of electronic communication and the standards set by Article II (2). Although the lack of literature that covers this topic is notable; there is still the fact that electronic commerce and electronic communication have gained a notable influence in international commerce. This fact, together with the desirable increase of the efficiency in international dispute settlement is reason enough for supporting the notion of formal validity of the arbitration agreements concluded via the electronic communication. |
| Supervisor | Varady Tibor, S.J.D. |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2007/jankovic_bojana.pdf |
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