An Effective Alternative Dispute Resolution Forum

1785 Words Mar 15th, 2015 8 Pages
A necessary pre-requisite for any arbitration proceeding is an arbitration agreement which embodies the consent of the parties to submit their disputes to arbitration. This is because the choice of an effective alternative dispute resolution forum cannot be enforced unless it is contained in a legally enforceable contract. The enforceability of such arbitration agreements reached new heights with the coming of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law (Model Law) which led to uniformity in the arbitration laws of various countries. It must be noted that the law of arbitration in India, which would be the focus of this essay, is also substantially based on the Model Law.
This essay is an attempt to trace how the Indian judiciary has interpreted what a valid arbitration agreement would be in the light of section 7 of the Arbitration and Conciliation Act, 1996 (Act or 1996 Act). The first part of the essay looks at the requirements of section 7 and how the judiciary has responded to these requirements. The second part investigates into specific issues that have not directly been dealt with in the Act and the judicial response to the same. The third part finally presents the conclusion reached by the author.
Since section 7(1) of the Act clearly states that an arbitration agreement is an “agreement” of the nature of a contract, any arbitration…
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