The independence of the arbitration agreement

The arbitration agreement represents the starting point in the arbitration process; without it, arbitration cannot be conducted or take place.Therefore, the first responsibility of an arbitrator or judge is to verify the existence and validity of the arbitration agreement.An invalid or nonexistent arbitration agreement prevents the arbitrator or judge from exercising jurisdiction over the arbitration.The arbitration agreement can take one of three forms: it may be concluded before the dispute arises referred to as an arbitration clause; after the dispute arises referred to as a submission agreement; or through reference to a contract or document that contains an arbitration clause, which is known as an incorporated arbitration clause.Regardless of its form, the arbitration agreement is based on mutual consent between the parties to a specific legal relationship, who agree to resolve any disputes arising from that relationship through arbitration, regardless of the basis of the relationship.The arbitration agreement grants arbitrators or the arbitral tribunal the authority to resolve all or some of the disputes arising from a particular legal relationship.These disputes may relate to interpretation, determination, execution, or compensation for delays in fulfilling obligations stemming from that relationship.Generally, the subject matter of the arbitration is specified in the arbitration agreement or associated document.Legal systems impose nullity if the arbitration agreement lacks a clear specification of the subject of the dispute or arbitral issue.An arbitration agreement in the form of a clause is considered a contract within the main contract, whereas a submission agreement is viewed as a standalone contract.Several points can be noted regarding the arbitration agreement as a legal act or contract: it is a consensual agreement, requiring mutual assent by both parties.However, consent alone is not sufficient; the agreement must also be documented in written form.Furthermore, the agreement is mutually binding and possesses a distinct nature, as it directly pertains to transferring jurisdiction over the dispute from state courts to arbitrators making it primarily procedural in nature.This affirms that the procedural aspect is intrinsic to the arbitration agreement.