ARBITRATION AGREEMENT IN MONGOLIA
According to the Law on Arbitration, arbitration agreement has following form:
- ‘Arbitration agreement’ shall mean an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
- An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
- The arbitration agreement shall be in writing.
- An agreement is in writing if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means.
- The requirements set forth in Paragraph 8.3 of this law shall be deemed to have been met in the form of information exchange, if it is possible to access and use the information contained in electronic communication.
- ‘Electronic communication’ shall mean any communication that the parties make by means of data messages.
- ‘Data massage’ shall mean information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, electronic data interchange, electronic mail, and telegram telex.
- An agreement is in writing if it is contained in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other.
- The reference in a contract to any document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference is such as to make that clause part of the contract.
- An arbitration agreement shall be valid whether the main agreement between the parties is valid, whether one of the parties withdraws from the agreement or is unable is to meet its obligations.
- In the case of a dispute over consumer rights, the arbitration agreement shall be concluded in writing separately after the dispute has arisen and shall specify the jurisdiction of the arbitration proceedings.
Source: Mongolian Law on Arbitration https://legalinfo.mn/en/edtl/15775