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Name:- M.Gayathri
Class:- II -B.COM-B
Roll no:- 18UR03
Subject:- Arbitration agreement and essential of Arbitration
Date:- 23.09.2019
To:- Miss.Murugalakshmi
 Arbitration is an alternate dispute resolution
mechanism between parties to a contract.
 The law which is prevailing for last 20 years
relating to arbitration in India is governed
under the provisions of arbitration and
conciliation act 1996.
 Must be writing-sec7(3)
 Parties must be ad idem
 Dispute must be present or future
 May be inform of an arbitration clause in a
contract
 Document containing an arbitration clause
 It must be in writing
 It must have all essential elements of a valid
contract
 The agreement must be to refer a dispute ,
present of future , between the parties to
arbitration
 An arbitration agreement may be in the form
of an arbitration clause in a contract or in
the form of a separate agreement
The essential features of an arbitration
agreement , as defined by clause (b) of
s.2(1) read with s.7 , are as follows.
1)valid & binding agreement:-
There should be a valid and binding
agreement between the parties.
2)Form of agreement:-
09 arbitration agreement would be in the
form of an arbitration clause in a contract or
in the form of a separate agreement.
3)Written agreement:-
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.
C) An exchange of statements of claim and defense in
which the existence of the agreement alleged by one
party and not denied by the other.
5)Reference:-
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
business law

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business law

  • 1.
  • 2. Name:- M.Gayathri Class:- II -B.COM-B Roll no:- 18UR03 Subject:- Arbitration agreement and essential of Arbitration Date:- 23.09.2019 To:- Miss.Murugalakshmi
  • 3.  Arbitration is an alternate dispute resolution mechanism between parties to a contract.  The law which is prevailing for last 20 years relating to arbitration in India is governed under the provisions of arbitration and conciliation act 1996.
  • 4.  Must be writing-sec7(3)  Parties must be ad idem  Dispute must be present or future  May be inform of an arbitration clause in a contract  Document containing an arbitration clause
  • 5.  It must be in writing  It must have all essential elements of a valid contract  The agreement must be to refer a dispute , present of future , between the parties to arbitration  An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement
  • 6. The essential features of an arbitration agreement , as defined by clause (b) of s.2(1) read with s.7 , are as follows. 1)valid & binding agreement:- There should be a valid and binding agreement between the parties.
  • 7. 2)Form of agreement:- 09 arbitration agreement would be in the form of an arbitration clause in a contract or in the form of a separate agreement. 3)Written agreement:- An arbitration agreement shall be in writing.
  • 8. 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. C) An exchange of statements of claim and defense in which the existence of the agreement alleged by one party and not denied by the other.
  • 9. 5)Reference:- 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