Law4u - Made in India

How is an arbitration agreement defined under Indian law?

26-Apr-2024
Arbitration

Answer By law4u team

Under Indian law, an arbitration agreement is defined under the Arbitration and Conciliation Act, 1996. Section 7 of the Act specifically outlines the definition of an arbitration agreement. Here's the definition as per the Act: "Section 7 - Arbitration Agreement: (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." Key points from the definition of an arbitration agreement under Indian law include: Submission to Arbitration: The parties must agree to submit all or certain disputes arising between them to arbitration. This agreement can be related to a contractual or non-contractual legal relationship. Form of Agreement: An arbitration agreement can be in the form of an arbitration clause within a contract or as a separate agreement. Requirement of Writing: An arbitration agreement must be in writing to be legally enforceable. Forms of Writing: The agreement can be in the form of a signed document by the parties, exchange of written communications (letters, telex, telegrams, emails, etc.) showing the agreement, or exchange of statements of claim and defense where the existence of the agreement is acknowledged. Incorporation by Reference: If a contract refers to a document containing an arbitration clause and meets the requirements of being in writing, the arbitration clause is considered part of the contract. These provisions ensure clarity and enforceability of arbitration agreements under Indian law, providing a legal framework for resolving disputes through arbitration.

Arbitration Verified Advocates

Get expert legal advice instantly.

Advocate Kaushal Kumar Yadav

Advocate Kaushal Kumar Yadav

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Cheque Bounce, Consumer Court, Corporate, Criminal, Cyber Crime, High Court, Labour & Service, Motor Accident, R.T.I, Supreme Court, Divorce, Family, Domestic Violence, Revenue, Muslim Law, Court Marriage, Civil

Get Advice
Advocate Logesh

Advocate Logesh

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Corporate, Consumer Court, Civil, Child Custody, Cheque Bounce, Breach of Contract, Customs & Central Excise, Criminal, Cyber Crime, Insurance, Succession Certificate, Medical Negligence, Media and Entertainment, Startup, RERA, Recovery, Family, High Court, Immigration, International Law, Motor Accident, Divorce, Documentation, Labour & Service, Muslim Law, GST, Domestic Violence, Landlord & Tenant, Patent, NCLT, Property, R.T.I, Trademark & Copyright, Tax, Supreme Court, Revenue, Wills Trusts

Get Advice
Advocate Nitin Kumar Advocate

Advocate Nitin Kumar Advocate

Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Documentation, GST, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue, Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Breach of Contract, Divorce, Family, Domestic Violence, Immigration, Motor Accident, Muslim Law, NCLT, Patent, Supreme Court

Get Advice
Advocate Richa Pandey

Advocate Richa Pandey

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Kuntal Ghosh

Advocate Kuntal Ghosh

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, RERA, Startup, Wills Trusts

Get Advice
Advocate Deependra Meena

Advocate Deependra Meena

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Sanjeev Kumar

Advocate Sanjeev Kumar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Abhijit Biswas

Advocate Abhijit Biswas

Civil, Criminal, Divorce, Cyber Crime, Banking & Finance, Child Custody, Cheque Bounce, Consumer Court, Labour & Service, High Court, Landlord & Tenant, Motor Accident, Family, Breach of Contract, Anticipatory Bail, Domestic Violence, R.T.I, Property, Succession Certificate, Tax, RERA, Wills Trusts, Court Marriage, GST, Medical Negligence, Recovery, Revenue, Bankruptcy & Insolvency, Corporate, Documentation, Arbitration, Trademark & Copyright, Media and Entertainment, Supreme Court, Immigration, Patent, NCLT, Startup, Customs & Central Excise, Armed Forces Tribunal, Insurance

Get Advice
Advocate Rohit Kumar Machawal

Advocate Rohit Kumar Machawal

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Supreme Court, Tax, Wills Trusts, Revenue

Get Advice
Advocate Amol Balu Chandole

Advocate Amol Balu Chandole

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Cheque Bounce, Child Custody, Civil, Divorce, Domestic Violence, Family, Insurance, International Law, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue, R.T.I, Supreme Court, Landlord & Tenant, Medical Negligence, Media and Entertainment, Cyber Crime, Criminal, Court Marriage, Corporate, Customs & Central Excise, Consumer Court, Breach of Contract, Banking & Finance, Documentation, Armed Forces Tribunal, High Court, GST, Immigration, Labour & Service, NCLT, RERA, Patent, Startup, Tax

Get Advice

Arbitration Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.