An oral arbitration agreement: 

• The Arbitration and Conciliation Act, 1996 requires arbitration agreements to be in writing under Section 7, which includes agreements contained in electronic form or exchange of written statements where existence of the agreement is alleged and not disputed. • However, in practice, oral arbitration agreements may be recognized depending on the facts and circumstances of each case, and at the discretion of the parties involved. • Courts generally give more evidentiary weight to written arbitration agreements but have recognized oral agreements where mutual consent to arbitrate is clearly proved. • Judicial precedents confirm that while oral agreements hold less weight than written ones, they are not automatically invalid, especially when parties act upon such agreements. • Importantly, an oral arbitration agreement cannot override or supersede a prior written agreement, but in absence of a written agreement, oral consent to arbitrate may be enforceable.