Can arbitration be agreed orally?

1. Arbitration can be agreed orally. If the laborer is inconvenient or unable to write an application and is unable to entrust a lawyer, he may apply for labor arbitration orally, and the labor arbitration commission will write the application on his behalf. Commercial arbitration must reach an agreement in writing.

2. Legal basis: Article 16 of People's Republic of China (PRC) Arbitration Law.

The arbitration agreement includes the arbitration clause in the contract and the arbitration agreement reached in other written forms before or after the dispute occurs.

Second, the effective conditions of oral agreement

The effective conditions of an oral agreement are the same as those of a general contract, including the following aspects:

1. Both parties to a contract should have the ability to conclude a contract. The parties to a contract must have corresponding capacity for civil conduct;

2. The intention of the parties to the contract is true. The expression of true will means that the actor's internal expression of will is consistent with the external expression of will in establishing, changing and terminating civil legal relations. Legal basis If the contract is concluded under the condition that the expression of intention is untrue, the parties have the right to apply for modification or cancellation;

3, do not violate the mandatory provisions of laws and administrative regulations, and do not harm the public interest.

Although the oral agreement is effective, it is unfounded after all. If both parties only agree verbally, when a dispute occurs during the performance of the contract, one party wants to safeguard its own rights and interests, and it is objectively difficult to prove it.