CEU Electronic Theses and Dissertations, 2008
| Author | Rasulov, Rustamjon Rasuljon o'g'li |
|---|---|
| Title | Formal validity of arbitration agreements conluded via electronic means of communication |
| Summary | This topic has already been discussed in detail by several authors, but this paper shall provide a rather different approach to the issue of formal validity. First of all, the Article II (2) of the New York Convention is examined from all possible viewpoints regarding its application, and it will be shown that the current trend of relaxed interpretation of the “writing” requirement is reflected not only in the Model Law on International Commercial Arbitration, but also in national laws and rules of arbitral institutions throughout the world. However, after reaching the conclusion that the interpretation itself is not sufficient to provide the electronic communications with the effect of “writing” under Article II (2), it will be shown that recourse to Article VII (1) of the New York Convention is by far the most workable solution, since the article VII (1) can analogously be applied to the arbitration agreements. This paper shall also examine the current propositions of changing the New York Convention itself by applying different legal techniques, in particular, the Convention on Electronic Communications. However, it will be shown that all these propositions at this moment are far from being effective, and their future effectiveness is also under the question. |
| Supervisor | Varady, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2008/rasulov_rustamjon.pdf |
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