The arbitration agreement—also referred to as the agreement to arbitrate—constitutes the cornerstone of arbitral proceedings. Its existence and validity vest the arbitrators with authority to decide and delineate the bounds of their jurisdiction.

Accordingly, it is essential to examine the requirements that determine the validity of the arbitration agreement under Venezuelan law, in light of the Commercial Arbitration Law (1998) and the jurisprudence of the Supreme Tribunal of Justice (TSJ). This analysis shows that validity hinges on three fundamental dimensions: (i) the formal dimension, requiring that the agreement be in writing; (ii) the material dimension, concerning subject-matter arbitrability; and (iii) the subjective dimension, concerning the legal capacity of persons to be bound.