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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