Section 2 Arbitration and Mediation Act

Section 2 Arbitration and Mediation Act 2023 is about Form of arbitration agreement. It is under Part I (Arbitration) of the Act.

(1) Arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate complete agreement. agreement

(2) The arbitration agreement shall be in writing.

(3) An arbitration agreement shall be in writing where its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by any other means.

(4) The requirement for arbitration agreement to be in writing is met, where it is –
(a) by an electronic communication, as defined in section 91, and the information contained in it is accessible so as to be useable for subsequent reference; and

(b) it is contained in an exchange of points of claim and defence in which the existence of an agreement is alleged by one party and not denied by the other.

(5) Reference in a contract or a separate arbitration agreement to a document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference is in a manner that makes it part of the contract or the arbitration agreement.