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CS Professional · Arbitration, Mediation and Conciliation · Arbitration: Introduction, Agreements and its Institutions

Rohan Traders and Sagar Exports negotiated by email. Sagar's email proposed arbitration for all disputes under their distribution arrangement, and Rohan replied by email accepting the proposal. No document was signed by either party. Is there an arbitration agreement in writing?

Yes, there is a written arbitration agreement. Section 7(4)(b) recognises an exchange of communications, including through electronic means, that provides a record of the agreement, so the email proposal and acceptance suffice without any signed document.

  1. ANo, because only a document signed by the parties satisfies the writing requirement
  2. BNo, because emails cannot be used to form an arbitration agreement
  3. CYes, because an exchange of communications through electronic means providing a record of the agreement is in writingCorrect
  4. DYes, but only if the emails were notarised

Explanation

Section 7(4)(b) treats an agreement as in writing if contained in an exchange of letters, telex, telegrams or other telecommunication, including electronic means, providing a record. Signature on a document is only one of the routes in 7(4)(a).

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