written agreement on arbitration

基本解释

the parties have had no arbitration clause in their contract, nor have subsequently reached a written agreement on arbitration;
当事人在合同中没有订有仲裁条款或者事后没有达成书面仲裁协议的；
Therefore, to make a judgment about the effect of electronic arbitration agreement is based on whether the data message belongs to the written form.
因此，数据电文是否属于书面形式，就成为判断电子仲裁协议是否有效的基础。
Where the Parties have not agreed on the arbitration organization in the Contract nor conclude arbitration agreement in written form, the dispute will be brought to the People's Court.
双方当事人未在合同中约定仲裁机构，当事人又未达成仲裁书面协议的，可向人民法院起诉。