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ARTICLE · 08 FEBRUARY 2022

International Arbitration 2021

Kachwaha & Partners
Kachwaha & Partners
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Kachwaha & Partners

Kachwaha & Partners

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What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction? No particular form is required by law.

IndiaLitigation, Mediation & Arbitration

1. ARBITRATION AGREEMENTS

1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction?

No particular form is required by law. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. An arbitration agreement need not necessarily use the word "arbitration", "arbitral tribunal" or "arbitrator". The agreement, however, must be in writing. The arbitration agreement shall be deemed to be in writing if it is contained in an exchange of letters or other means of communication which provide a record of the agreement. Further, the agreement need not be signed, and an unsigned agreement affirmed by the parties' conduct would be valid as an arbitration agreement. An arbitration agreement would also be considered to be in writing if there is an exchange of a statement of claim and defence in which the existence of the agreement is alleged by one party and not

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