AIBE XV — January 2021 — Q.12 (Arbitration and Conciliation Act, 1996)

Q.12

ADR & Arbitration Act Medium Act + Section Given

Bare Act Arbitration and Conciliation Act, 1996 · Section 7(4)

According to Section 7(4) of the Arbitration and Conciliation Act, 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 defence in which the existence of the agreement is alleged by one party and not denied by the other;

✓ All of the above Answer

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Explanation & Strategy

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Section 7(4) of the ACA provides that an arbitration agreement is 'in writing' if it is contained in: (a) a signed document, (b) exchange of letters/communications providing a record, or (c) exchange of claim and defence statements where existence is alleged by one party and not denied by the other.

1 Look up the referenced provision in Arbitration and Conciliation Act, 1996 to verify the answer.

At a Glance

Subject ADR & Arbitration Act

Difficulty Medium

Act Arbitration and Conciliation Act, 1996

Section Section 7(4)

Answer (D) Act + Section Given

Paper AIBE XV — January 2021

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