Legal basis:
– Arbitration Act.
1. What is the arbitration agreement?
– “Arbitration” means a procedure to settle a dispute over property rights or disputes based on non-property rights that the parties can resolve through a reconciliation, not by a judgment of a court, but by an award of an arbitrator.
– “Arbitration agreement” means an agreement between the parties to settle by arbitration all or some disputes which have already arisen or might arise in the future in respect of defined legal relationships, whether contractual or not.
2. Form of Arbitration Agreement
Arbitration agreement may be in the form of a separate agreement or in the form of an arbitration clause in a contract.
The arbitration agreement shall be in writing. In any of the following cases, a written arbitration agreement shall be deemed made:
– Where terms and conditions of an arbitration agreement have been recorded, regardless of whether such agreement was made orally, by conduct or by any other means;
– Where parties’ intentions communicated by telegram, telex, facsimile, electronic mail, or any other means of communication contain an arbitration agreement. The cases where terms and conditions of such arbitration agreement are not verifiable shall be excluded.
– Where either party asserts that an application or a written answer exchanged between the parties contains an arbitration agreement, and the other party does not deny such assertion.
– Where a contract cites a document containing an arbitration clause, an arbitration agreement shall be deemed to exist where such arbitration clause constitutes part of the contract.
