1. Each Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration.
2. The term “agreement in writing” shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams.
3. The court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.
Melissa Magliana ; Philippe Hovaguimian / Dispensing with written consent – or consent altogether – in third-party extensions under the New York Convention: A critical examination of the recent Swiss and U.S. Supreme Court decisions in B. Suisse and GE Energy / in b-Arbitra | Belgian Review of Arbitration, Wolters Kluwer, Volume 2020 Issue 2 pp. 249-280 - 01/01/2020