Question

Reference in a contract to a document containing an arbitration clause _______________.

• A. does not constitute an arbitration agreement
• B. constitutes an arbitration agreement if the contract is in writing and the reference is such as to make the arbitration clause part of the contract
• C. constitutes an arbitration agreement where the contract though oral, the reference is such as to make that arbitration clause part of the contract
• D. either (b) or (c)

Answer 1

Answer: (B)

constitutes an arbitration agreement if the contract is in writing and the reference is such as to make the arbitration clause part of the contract

Under The Arbitration and Conciliation Act, 1996

Chapter II : Arbitration agreement

Section 7: Arbitration agreement

Section 7(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.