Arbitration and Conciliation, India

Requirements of an Arbitration Agreement

• 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.