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      Question

      Under Section 7(3) and (4), which form of communication does NOT constitute "writing" for a valid arbitration agreement?Ā 

      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 agreementā€”oral 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.

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