(1) The arbitration agreement must be set out either in a document signed by the parties, or in letters, telefax copies, telegrams or other forms of communication exchanged between them that ensure documentary proof of the agreement.
(2) The form required by subsection (1) is considered to have been complied with also if the arbitration agreement is contained in a document transmitted by one party to the other party, or by a third party to both parties, and if, in the event of an opposition having been raised late, the content of that document is regarded, in keeping with common usage, to constitute the substance of an agreement.
(3) Where a contract that is in compliance with the requirements as to form set out in subsection (1) or (2) makes reference to a document containing an arbitration clause, this constitutes an arbitration agreement, provided that the reference is such as to make said clause a part of the contract.
(4) (repealed).
(5) Arbitration agreements to which a consumer is a party must form part of a record personally signed by the parties. The written form required by sentence 1 may be replaced by the electronic form defined by section 126a of the Civil Code. The record or electronic document may not contain agreements other than those relating to the arbitral proceedings; this does not apply where the agreement is recorded by a notary.
(6) Any failure to comply with formal requirements is remedied by a plea being made on the merits of the matter in the arbitral proceedings.