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kirankumaradv (n/a)     04 November 2007

Arbitration Act

Determination of the existence of a binding arbitration agreement

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[*]In order to be a binding arbitration agreement between the parties, the same must be in writing and the parties should have specifically agreed to settle their disputes by arbitration. An arbitration agreement cannot be inferred by implication. [/*]
[*]Existence of an arbitration agreement in pith and substance confers power upon the Chief Justice or a person or body designated by him to appoint an arbitrator ie. The jurisdiction of the judge emanates from an existing arbitration agreement.[/list][color=black]Essential ingredients of an arbitration agreement [/color][/*]
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[*]There should be a valid and binding agreement between the parties. [/*]
[*]Such an agreement may be contained as a clause in a contract or in the form of a separate agreement. [/*]
[*]Such an agreement is deemed to be in writing if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement or an exchange of statements of claim and defense in which the existence of the agreement is alleged by one party and not denied by the other. Reference ina contract to a document containing an arbitration clause also constitutes an arbitration agreement, provided the contract is in writing and the reference is such as to make that arbitration clause part of the contract. [/*]
[*]Parties intend to refer present or future disputes to arbitration [/*]
[*]The dispute to be referred to an arbitrator is in respect of a defined legal relationship, whether contractual or not.[/*][/list]


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 1 Replies

bupesh (n/a)     08 November 2007

Please provide me with more information on the arbitration agreement

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