What is meant by "Arbitration Agreement"? State the constituents of an arbitration agreement under the Arbitration and Conciliation Act, 1996.

CS Executive · Economic and Commercial Laws · PYQS · June 2019
What is meant by "Arbitration Agreement"? State the constituents of an arbitration agreement under the Arbitration and Conciliation Act, 1996.

Answer & Explanation:

According to Section 2(1)(b) of the Arbitration and Conciliation Act, 1996, "Arbitration agreement" means an agreement referred to in Section 7 of the Act. Under Section 7 of the Arbitration and Conciliation Act, 1996, the Arbitration agreement has been defined to mean an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. The constituents of an arbitration agreement under the Arbitration and Conciliation Act, 1996 are as follows: An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. An arbitration agreement shall be in writing. An arbitration agreement is in writing if it is contained in - a document signed by the parties; an exchange of letters, telex, telegrams or other means of telecommunication including communication through electronic means which provide a record of the agreement; or an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.

Topics: Arbitration and Conciliation Act, 1996

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