Requirements of Arbitration Agreement

What are the requirements of an arbitration agreement?

Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

The requirements of an arbitration agreement are:-

  • Section 7(3) of the Act requires that the arbitration agreement must be in writing.

  • Section 7(2) provides that it may be in the form of an arbitration clause in a contract or it may be in the form of a separate agreement.

  • Under Section 7(4), an arbitration agreement is in writing, if it is contained in : (a) a document signed by the parties, (b) an exchange of letters, telex, telegrams or other means of telecommunication, providing a record of agreement, (c) or an exchange of claims and defense in which the existence of the agreement is alleged by one party and not denied by the other.

  •  In section 7(5), it is provided that a document containing an arbitration clause may be adopted by "reference", by a contract in writing. 

Answered on 28 Sep 2018


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