Incorporation of an arbitration clause by reference to a separate document is invalid. Ruling of the Supreme Court of the Slovak Republic, file No 2 Cdo 245/2010, dated 30 November 2011
An arbitration clause incorporated into a written contract by reference to general terms and conditions does not meet the statutory requirement of written form and is therefore invalid.
keywords
arbitration clause incorporated by referencegeneral terms and conditions
form of an arbitration agreement
about the authors
Martina Kasemová, Lawyer, Allen & Overy Bratislava, s.r.o.
e-mail: Martina.Kasemova@AllenOvery.com
Martin Magál, Partner, Allen & Overy Bratislava, s.r.o.
e-mail: Martin.Magal@AllenOvery.com