Answer ... Firstly, arbitration agreement has to be entered into regarding an arbitrable matter. (Please see answer 8) Secondly, as per art. 4/2, an arbitration agreement has to be in writing. The written form requirement shall be deemed fulfilled if;
- the arbitration agreement bases on a written document signed by the parties or,
- there is an exchange of letters, telex, telegrams or other means of telecommunication showing a record regarding the agreement or,
- The existence of the arbitration agreement is alleged by the plaintiff in the petition but the respondent did not challenge this allegation by its reply petition.
In addition to these conditions, if an agreement refers to a document including arbitration agreement and this document is considered as a part of the agreement; an arbitration agreement between the parties is deemed valid.
Thirdly, the will of the parties must be explicit and must leave no room for any doubt regarding the arbitration agreement and a certain relationship or dispute has to be referenced in the arbitration agreement. Therefore, an arbitration clause stated as “all disputes between the parties shall be settled by arbitration” shall be deemed invalid.
Answer ... As per art. 4/1 of the TCIA, an arbitration agreement may be concluded either with a clause in the main agreement between the parties or with a separate arbitration agreement.
Pursuant to the separability of the arbitration agreement doctrine regulated under art. 4/4, it is not possible to challenge an arbitration agreement by claiming that the underlying agreement is invalid.
Answer ... As per art. 9/1 of the TCIA, the arbitral tribunal shall determine the seat/place of arbitration by taking into consideration the characteristics of the dispute if there is no agreement between the parties. In respect of the language which will be used in arbitral proceeding, the arbitral tribunal shall determine the language as per art. 10/C of the TCIA in the absence of an agreement.