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Prerequisites of an Arbitration Agreement

Arbitration and Conciliation Act, 1996

[2010] 98 CLA (Snr.) 1 (P&H)

Ramji Bharany and others

v.

Ambience Developers and Infrastructure (P.) Ltd.

First Appeal from Order No. 583 of 2010 (O&M)

Decided by the High Court of Punjab & Haryana

Rakesh Kumar Jain, J

21st May 2010

(2010-3) 159 PLR 198

Section 7 Arbitration agreement Prerequisite of No doubt section 7 provides that an agreement has to be executed by both the parties but if terms has to be executed by both the parties but the Supreme Court, extending the meaning of duly executed agreement, has ruled that if terms and conditions affect materially because of acting upon by an authority who has not signed the agreement but is now trying to avoid its liability under the agreement, then such an agreement would fall within the definition of section 7.

 

Tags: ArbitrationClass actionFederal Arbitration ActHaryanaStolt-NielsenSupreme CourtSupreme Court of the United StatesUnited States

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