International Arbitration 2021

This article first appeared in The ICLG to: International Arbitration Laws and Regulations, which covers common issues in international arbitration laws and regulations - including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures - in 36 jurisdictions.

1 Arbitration Agreements

1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction?

Other than requiring that arbitration agreements be in writing, Bermuda's arbitration statutes do not require any specific form or format. Agreements may take the form of a clause contained in a contract or a separate agreement signed by the parties, or they can be evidenced by an exchange of letters or other means of communication. Additionally, an arbitration clause contained in a separate document can be incorporated by express reference.