The document outlines the essentials of an arbitration agreement, emphasizing its nature as a contractual undertaking between parties to resolve disputes through arbitration. It details critical components such as the need for written agreements, the procedure for appointing arbitrators, qualifications, jurisdiction, and binding nature of the tribunal's decisions. The document serves as a guide for ensuring clarity and enforceability in arbitration clauses.

1. Essentials of Arbitration
Agreement
BY
RIDDHI PRATIM DUTTA, LL.M
FOUNDER ,R P DUTTA & ASSOCIATES

2. What Is Arbitration Agreement
• Essentially an agreement between parties to submit disputes to
arbitration
• Therefore, it is an contractual undertaking

3. Form - arbitration agreement
• Is it in Writing?
• Is it signed by parties?
• Is it a separate agreement or contained within primary contract?
• Is there a written communication which provides record of such
writing?
• When statement of claim and defense exchanged whether one
party accepted existence of any agreement/clause of arbitration?

4. Contents of an arbitration clause
• Is there a definite procedure?
• How many arbitrators ?
• What are the required qualifications for appointment?
• Who can make these appointments of arbitrators?
• What is the choice of law to be followed in the arbitration?

5. Contents of arbitration clause Contd.
• Is there a time period within which appointment to be made?
• Where is the venue of arbitration?
• Is there time limit within which award to be finalized?
• Which Court should have jurisdiction?

6. Keep in Mind
• Terms of the agreement must clearly indicate intention to refer the
matter to arbitration
• Tribunal should be empowered to adjudicate
• Parties must agree that final decision shall be binding

7. The End
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