ЁЯУв Too many exams? DonтАЩt know which one suits you best? Book Your Free Expert ЁЯСЙ call Now!

    Question

    Under Section 7(3) and (4), which form of communication

    does NOT constitute "writing" for a valid arbitration agreement?┬а
    A A document signed by the parties Correct Answer Incorrect Answer
    B An exchange of letters or telex providing a record of the agreement Correct Answer Incorrect Answer
    C Electronic communication providing a record of the agreement Correct Answer Incorrect Answer
    D An oral statement before multiple witnesses, even if later acknowledged in writing Correct Answer Incorrect Answer
    E Exchange of statements of claim and defence where one party alleges existence and the other does not deny it Correct Answer Incorrect Answer

    Solution

    Section 7(3) mandates: "An arbitration agreement shall be in writing." Section 7(4) defines "in writing" to include: (a) documents signed by parties; (b) exchange of letters, telex, telegrams, or other means of telecommunication including electronic means providing a record; or (c) exchange of statements of claim and defence where existence is alleged and not denied. The critical requirement is a record of agreementтАФoral agreements, even if later memorialized in writing, are not recognized because the original agreement lacked documentary form. An oral statement before witnesses lacks the essential evidentiary certainty that writing provides.

    Practice Next
    More Other Laws and Acts Questions

    Relevant for Exams:

    ask-question