statutory provisions as to arbitration by agreement in cases to which the Indian Arbitration Act applies, thus leaving the Indian Arbitration Act as the only ... agreements. But I do not think that the latter part of the proviso means that if parties have made an oral agreement for arbitration, they
pleaded oral arbitration
agreement against the petitioners. It is submitted that the alleged arbitration clause
referred in the charter party agreement was superseded ... declaratory arbitration award rendered by the arbitral tribunal, the
arbitral tribunal has however, held that the oral arbitration agreement is valid
which is contrary
present or future differences to arbitration (other than by an arbitration agreement to which the provisions of the Arbitration Act 1940 apply) if the suit ... contracted to refer. Presumably, it applies to 'oral' arbitration agreements. Exception I to section 28 of the Contract Act saves from the rule
Section 2 , Arbitration Act, defines "arbitration agreement" as a written agreement to submit present or future differences to arbitration, whether an arbitrator ... oral agreement to abide by the rules. These taken together do not amount to any written agreement to refer the disputes to arbitration. Consequently, that
been made under the ICD Agreements and the Rupee
Loan Agreement clearly show the existence of a prior oral
agreement under which the repayment ... oral agreement as mentioned above, after considering the said ICD
Agreements and the Rupee Loan Agreement the Arbitrator rightly
held that the two agreements
arbitration, the party
invoking the arbitration must conform with the mandatory
requirements of the Act. Even in the Arbitration Act, 1940 the
arbitration agreement ... arbitration agreement. Sections 7(3) and
7(4) runs thus :
7(3) An arbitration agreement shall be in writing.
7(4) An arbitration agreement
respect of a property which is not
the subject matter of arbitration agreement. In fact in this
judgment the Court held that application made ... Indowind Energy Limited
(supra) held that there cannot be an oral arbitration
agreement. The Constitution Bench of Apex Court in Patel
Engineering (supra) held that
pleaded oral arbitration
agreement against the petitioners. It is submitted that the alleged arbitration clause
referred in the charter party agreement was superseded ... declaratory arbitration award rendered by the arbitral tribunal, the
arbitral tribunal has however, held that the oral arbitration agreement is valid
which is contrary
must arise out of a contract to arbitrate
between them. An arbitration oral agreement, but need
not be signed by the parties. The written arbitration ... agreement to refer disputes to arbitration must
be in a written form, as against an oral agreement, but
need not be signed by the parties
placed reliance on Section
7 of the Arbitration Act in support of the submission that the
Arbitration Agreement is required to be executed in writing ... reference to arbitration only if there is an arbitration agreement
between the parties. The dispute arising out of two separate
agreements between different parties cannot
