الهيئة الدولية للتحكيم

الهيئة الدولية للتحكيم
اتفاق التحكيم - تعريف والشكل والقانون الواجب التطبيق
Arbitration agreement - definition, form and applicable law

(1) An arbitration agreement is an agreement of the parties to submit to arbitration all or certain
disputes that have arisen or that may arise in the future between them in respect of a defined legal
relationship of a contractual or non-contractual nature. An arbitration 3/16 agreement may be
concluded in the form of an arbitration clause in a contract or in the form of a separate arbitration
agreement.
(2) The arbitration agreement shall be in writing. An agreement is in writing if it is contained in
documents signed by the parties or in an exchange of letters, telex, faxes, telegrams or other means
of telecommunication that provide a record of the agreement, whether signed by the parties or not.
(3) It is considered that an arbitration agreement shall be deemed to be concluded in writing if:
1) it is contained in one party’s written offer, or if a third party transmitted to both parties
such an offer, provided that against such offer no objection was timely raised, and such
failure to object, according to usages in transactions of the same nature, may be considered
to constitute acceptance of the offer,
2) after an orally concluded arbitration agreement, a party communicates to the other a
written communication, referring to the arbitration agreement concluded earlier orally, and
the other party fails to object timely, and such failure, according to usages in transactions of
the same nature, may be considered to constitute acceptance of the offer.
(4) The reference in a contract to a document containing an arbitration clause (general terms of a
contract, text of other agreement or similar) constitutes an arbitration agreement provided that the
reference is such as to make that clause part of the contract.
(5) An arbitration agreement may also be concluded by the issuance of a bill of lading, if the bill of
lading contains an express reference to an arbitration clause in a charter party.
(6) Notwithstanding the provisions of Arts. 1-5 of this Law, if a dispute has arisen or could arise out
of a consumer contract, the arbitration agreement must be contained in a separate document signed
by both parties. In such a document no agreements may be contained other than those referring to
the arbitral proceedings, except if the document was drawn up by a notary public. Law on Arbitration (Arbitration Act)


4
(7) The law applicable to the validity of an arbitration agreement ratione materiae is the law
designated by the parties. If the parties failed to designate such applicable law, the applicable law
will be the law applicable to the substance of the dispute or the law of the Republic of Croatia.
( An arbitration agreement shall be deemed to be valid if the claimant files the statement of claim
to arbitration and the respondent fails to object to the jurisdiction of the arbitral tribunal at the latest
in his statement of defense in which he raised issues related to the substance of the dispute.
Capacity of the parties
الهيئة الدولية للتحكيم