Describes the essentials of an arbitration agreement and what shall be kept in mind while drafting of an arbitration agreement.R P Dutta & Associates is a Kolkata based law firm specializing in corporate dispute resolution through arbitration .

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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