Section 2(1)(b) Arbitration Act 1996 defines 'ARBITRATION AGREEMENT' as:
Answer & Solution
Correct answer: C.
1. Section 7 Arbitration and Conciliation Act 1996 defines 'ARBITRATION AGREEMENT':
2. (1) 'Arbitration agreement' means 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.
3. (2) An arbitration agreement may be in the form of an ARBITRATION CLAUSE in a contract or in the form of a SEPARATE AGREEMENT.
4. (3) An arbitration agreement SHALL BE IN WRITING.
5. (4) An arbitration agreement is IN WRITING if it is contained in:
6. (a) a document signed by the parties;
7. (b) an exchange of letters, telex, telegrams or other means of telecommunication;
8. (c) 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;
9. (d) electronic communication if accessible.
10. (5) Reference in a contract to a document containing arbitration clause constitutes arbitration agreement if the contract is in writing and the reference makes it part of the contract.
11. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Section 7_
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