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CS Professional · Arbitration, Mediation and Conciliation · Conceptual Framework of International Commercial Arbitration

Kaveri Exports Ltd (India) and Orion Trading LLC (incorporated in UAE) exchanged emails in which Orion wrote, 'We accept your terms including arbitration of disputes in Singapore,' and Kaveri replied, 'Confirmed.' Neither party signed a formal contract. Orion later denies any arbitration agreement. Under the Act, what is the position on the writing requirement?

The writing requirement is satisfied. The Act treats an arbitration agreement as written if it is contained in an exchange of communications, including electronic means, that records the agreement. A single signed document is only one of several alternative ways to meet the requirement.

  1. AThe writing requirement is met, since an exchange of communication through electronic means providing a record of the agreement counts as writingCorrect
  2. BThe writing requirement is not met, since only a document signed by the parties qualifies
  3. CThe writing requirement is not met, since emails are excluded unless later printed and notarised
  4. DThe writing requirement is met only if a statement of claim is filed first

Explanation

Section 7(4)(b) provides that an agreement is in writing if contained in an exchange of letters, telex, telegrams or other means of telecommunication, including electronic means, which provide a record of the agreement. The email exchange fits. Signature on one document is only one of the alternative routes in section 7(4).

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