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

Ramesh Textiles Pvt Ltd (Indian company) and Lotus Trading LLC (incorporated in Dubai) agreed by email exchange, retaining a record, to arbitrate disputes from a defined sale relationship. No document was signed. Lotus later denies any agreement exists. Which view is correct?

The emails can form a written arbitration agreement. The Act treats an agreement as being in writing when contained in an exchange of letters or other telecommunication, including electronic means, that provides a record of the agreement. A signed document is just one permitted form.

  1. ANo arbitration agreement exists because only a signed document can satisfy the writing requirement
  2. BAn arbitration agreement exists only if a court-appointed officer certifies the emails
  3. CThe emails can constitute a written arbitration agreement because an exchange of communication by electronic means providing a record of the agreement is treated as being in writingCorrect
  4. DThe agreement is in writing only if the emails are also sent by telegram

Explanation

An arbitration 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. Signature is only one of several routes, so the signed-document view is wrong.

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