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      Question

      Under the Arbitration and Conciliation Act, 1996, when

      does a reference in a contract to a document containing an arbitration clause constitute an arbitration agreement?
      A Only if the document is a separate agreement Correct Answer Incorrect Answer
      B Only if the arbitration clause is explicitly mentioned in the contract Correct Answer Incorrect Answer
      C If the contract is in writing and the reference incorporates the arbitration clause as part of the contract Correct Answer Incorrect Answer
      D Only if both parties verbally agree to the arbitration clause Correct Answer Incorrect Answer
      E If the contract is oral and mentions arbitration Correct Answer Incorrect Answer

      Solution

      Section 7. Arbitration agreement: (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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