All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:
91.

Which of the following Section deals with "Arbitration Agreement" in Arbitration and Conciliation Act, 1996?

A: Section 6
B: Section 7
C: Section 8
D: Section 9

The answer is: B

Explanation

The correct option is B: Section 7.

Section 7 of the Arbitration and Conciliation Act, 1996 deals with the definition and form of the arbitration agreement. According to this section, an arbitration agreement is 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. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. The arbitration agreement shall be in writing. The arbitration agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement. 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.