Enforceability Of Unsigned Arbitration Agreements: When Conduct Speaks Louder Than Signatures

This article has been published in the ET Legal World at  Unsigned Contracts: Navigating the Validity of Unsigned Arbitration Agreements in International Trade, ETLegalWorld

In the realm of international commerce, where transactions are often negotiated through electronic communications and performance sometimes begins before formal execution, the traditional insistence on a signed agreement is increasingly under scrutiny. Particularly in commodities and cross-border trades, parties routinely rely on proforma contracts, email confirmations, and subsequent performance, rather than formally executed instruments. In such situations, the  enforceability of unsigned arbitration agreements becomes a pivotal issue.