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Part II - Arbitration, Arbitrators, Counsel and the Internet

Published online by Cambridge University Press:  12 January 2018

Maud Piers
Affiliation:
Universiteit Gent, Belgium
Christian Aschauer
Affiliation:
Karl-Franzens-Universität Graz, Austria
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Summary

Electronic arbitration agreements and electronic arbitral awards test the boundaries of traditional form provisions. Arbitration agreements must typically be concluded in writing and may need to be submitted to court. Arbitral awards usually have to be rendered in writing and have to bear the arbitrators’ signatures, have to be delivered to the parties and have to be submitted to court in order to be recognized and enforced. A multitude of national laws, which are harmonized only in part, govern these issues. If arbitration agreements or arbitral awards are invoked before foreign courts, the same issues of form are even governed by another legal regime. This contribution undertakes to distinguish the relevant scenarios and to identify the applicable rules in each case.

Type
Chapter
Information
Arbitration in the Digital Age
The Brave New World of Arbitration
, pp. 149 - 299
Publisher: Cambridge University Press
Print publication year: 2018

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