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Arbitration & Conciliation Act 1996

(Querist) 09 February 2010 This query is : Resolved 
Dear All,

Section 7(2) of the Arbitration & Conciliation Act 1996 provides that 'an arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a seperate agreement'. So if there, in an agreement, already exits an arbitration clause refering the dispute to the arbitrator, would it again be compulsory for the parties to the agreement to enter into seperate arbitration agreement or the clause would itself be treated as a conclusive one i.e. process of appointment etc ?
Kindly advise"?
Regards,
Asish Sil
R.R. KRISHNAA (Expert) 09 February 2010
The clause itself is sufficient to appoint an arbitrator.
Raj Kumar Makkad (Expert) 09 February 2010
If it is already containing such term then there is no need to make a fresh agreement for this purpose.
barun deka (Expert) 09 February 2010
not needed... prior clause enough provided ofcourse that the dispute arose in context of something covered by the agreement
N.K.Assumi (Expert) 09 February 2010
All said and done.
B K Raghavendra Rao (Expert) 09 February 2010
Arbitration Agreement need not be entered into again, if a mention is made of arbitration in case of dispute and applicability of the Arbitration & Conciliation Act.
A.P.Manoranjan (Expert) 13 February 2010
No need to enter in to a new arbitration agreement when in the existing agreement, arbitration clause exists.


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