Arbitration Agreements Outside The Scope Of A Signed Document: An Unconventional Mechanism To Submit A Dispute To Arbitration

I. Introduction

The Arbitration and Conciliation Act, 1996 ("the Act"), requires the parties to submit their disputes to arbitration arising out of a defined legal relationship.¹ A valid arbitration agreement is the foundation on which the entire edifice of the arbitral process is structured.

While the characteristics of an arbitration clause mandate that such agreements be entered into in writing,² the same may not necessarily be in a contract signed between the parties.

This piece seeks to highlight the principles for determining the existence of an arbitration agreement. The piece further analyses the alternate mechanisms for recognition of valid arbitration agreements, outside the scope of a signed document executed by the parties.