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Question

Under section 7, Arbitration and Conciliation Act, 1996, an arbitration agreement ________.

A
shall be in writing
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B
may be oral
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C
either in writing or oral
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D
neither in writing nor oral
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Solution

The correct option is D shall be in writing
Under The Arbitration and Conciliation Act, 1996
Chapter II : Arbitration Agreement
Section 7(3): An arbitration agreement shall be in writing.
Section 7(4): An arbitration agreement is in writing if it is contained in-
  • a document signed by the parties;
  • an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement; or
  • 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.

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