أثر شرط الكتابة على اتفاق التحكيم : دراسة تحليلية مقارنة في المواد المدنية و التجارية

الملخص EN

Despite that the principle of permanence in acting by writing does not raise any disagreement in civil code, the difference of opinion still exist in matter the writing clause in the Arbitration Agreement, since some legislations supported by certain islamic jurisprudence (Fiqh) and judicial decisions considered the writing as a clause.

On the other side, some other legislation for the proof of the Arbitration Agreement supported by certain islamic jurisprudence (Fiqh) and judicial decisions considered the writing as a clause for the conclusion of the Arbitration Agreement.

Maybe the disagreement expressed regarding the writing clause in the Arbitration Agreement is due to the different effects deriving from the adoption of this approach or the other.