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Section 7 of Arbitration and Conciliation Act, 1996
Section 7 of Arbitration and Conciliation Act, 1996 deals with Arbitration agreement.
From the Act
(1) In this Part, 'arbitration agreement' means 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.
(2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
(3) An arbitration agreement shall be in writing.
(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 which provide a record of the agreement; or
(c) 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.
(5) 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.
Related Cases / Recent Cases / Case Laws
- Jagdish Chander v. Ramesh Chander [(2007) 5 SCC 719]: Principles about interpreting an arbitration agreement
Related Sections from the Act
- Section 8: Power to refer parties to arbitration where there is an arbitration agreement
- Section 9: Interim measures etc. by Court
- Section 14: Failure or impossibility to act
- Section 15: Termination of mandate and substitution of arbitrator
- Arbitration Act, 1940
- United Nations Commission on International Trade Law
- Indian Contract Act, 1872
- Limited Liability Partnership Act, 2008
- Companies Act, 1956
- Code of Civil Procedure, 1908
- Code of Criminal Procedure, 1973