Question
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 : The above mentioned statement proves existence of ?Solution
S.7. Arbitration agreement.ā(1) In this Part, āarbitration agreementā means an agreement by theĀ parties to submit to arbitration all or certain disputes which have arisen or which may arise between themĀ in respect of a defined legal relationship, whether contractual or not. (2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form ofĀ a separate agreement. (3) An arbitration agreement shall be in writing. (4) An arbitration agreement is in writing if it is contained inā (a) a document signed by the parties; (b) an exchange of letters, telex, telegrams or other means of telecommunicationĀ [including communication through electronic means] which provide a record of the agreement; or (c) an exchange of statements of claim and defence in which the existence of the agreement isĀ alleged by one party and not denied by the other. (5) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.
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