1 ARBITRATION AGREEMENTS
1.1 What, if any, are the legal requirements of an arbitration
agreement under the laws of Ireland?
The Arbitration Act 2010, which applies to arbitrations
commenced in Ireland from 8 June 2010, applies Option 1 of Article
7 of the UNCITRAL Model Law to the requirements of an arbitration
agreement. It therefore provides that the arbitration agreement
shall be in writing, whether in the form of an arbitration clause
in a contract or in the form of a separate agreement. The concept
of the agreement being in written form is broadly interpreted. An
agreement will be in writing if its content is recorded in any
form, notwithstanding that the arbitration agreement or contract
may have been concluded orally, by conduct or by other means.
Electronic communications can satisfy the requirement that the
arbitration agreement be in writing if useable for subsequent
reference. An arbitration agreement will also be considered to be
in writing if it is
