Article 12. Definition and form of an arbitration agreement

An arbitration agreement shall be an agreement between the parties to submit to arbitration all or certain disputes that have arisen or may arise between them in connection with a certain legal relationship, regardless of whether or not it is of a contractual nature. An arbitration agreement may be made in the form of an arbitration clause in a contract or in the form of a separate agreement.

An arbitration agreement shall be made in writing.

An arbitration agreement shall be deemed to be made in writing if its contents are fixed in any form, regardless of whether or not the arbitration agreement or contract is made verbally, based on parties' conduct, or by other means.

The requirement to conclude an arbitration agreement in writing shall be satisfied by an electronic correspondence if the information contained therein is available for subsequent use.

Electronic correspondence shall mean any correspondence that the parties transmit by means of data communication; data communication shall mean information prepared, sent, received, or stored by electronic, magnetic, optical, or similar means, including, but not limited to electronic data exchange, electronic mail, telegraphic message, telex, or facsimile.

Furthermore, an arbitration agreement shall be deemed to be made in writing if it is concluded through an exchange of an arbitration request and statement of defense in which either party states that there is an agreement and the other does not object.

A reference in a contract to an instrument containing an arbitration clause shall constitute an arbitration agreement in writing, provided that the reference is such as to make the said clause part of the contract.