Seals, Stamps, and Signatures in International Arbitration Agreements

Contemporary Asia Arbitration Journal, Vol. 4, No. 1, pp. 37-55, May 2011

19 Pages Posted: 23 Jun 2011

See all articles by Stephan Wilske

Stephan Wilske

Heidelberg University; Leibniz Universität Hannover; German University for Administrative Sciences Speyer

Christina Scheidle

affiliation not provided to SSRN

Date Written: May 31, 2011

Abstract

This paper deals with a question which came up in a recent Korean Commercial Arbitration Board arbitration, namely whether and to what extent a Korean company seal and a German company stamp may fulfill the signature requirements under the parties’ contractual agreement and the applicable arbitration law. In this context the paper discusses the purpose of signatures from a Western and an Asian perspective and the writing and signature requirement as a prerequisite for formal validity of an arbitration agreement under international and national arbitration law. What the authors consider most remarkable about this case is the phenomenon of cultural preconceptions as a source of possible errors and misunderstandings. The article concludes that even in an era of increasing harmonization of international arbitration law and practice, arbitration users and practitioners should be vigilant and always prepared to question whether an issue that might be simple and obvious in their own mind might be viewed completely differently by someone with different cultural experiences.

Keywords: Article II (2) New York Convention, consensualism, cultural preconception, formalism, formal validity of an arbitration agreement, New York Convention, seal, signature, signature requirement, stamp, UNCITRAL Model Law on International Commercial Arbitration, writing requirement

Suggested Citation

Wilske, Stephan and Scheidle, Christina, Seals, Stamps, and Signatures in International Arbitration Agreements (May 31, 2011). Contemporary Asia Arbitration Journal, Vol. 4, No. 1, pp. 37-55, May 2011, Available at SSRN: https://ssrn.com/abstract=1867893

Stephan Wilske (Contact Author)

Heidelberg University ( email )

Grabengasse 1
Heidelberg, 69117
Germany

Leibniz Universität Hannover ( email )

Welfengarten 1
D-30167 Hannover, 30167
Germany

German University for Administrative Sciences Speyer

Freiherr vom Stein Strasse 2
Freiherr vom Stein Strasse 2
Speyer, D-67346
Germany

Christina Scheidle

affiliation not provided to SSRN ( email )

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
283
Abstract Views
1,818
Rank
204,504
PlumX Metrics