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anand das (service)     30 April 2010

arbitration in leave & license case?

Hi,

Can arbitration clause be used for every type of agreements including private / personal agreements between two individuals?

Or arbitration is used only for certain types of agreements? if so, which are they?

can arbitration clause be inserted in leave and license agreement for residential purpose?

thanks



Learning

 2 Replies

Daksh (Student)     30 April 2010

Dear Anand,

As per Section 7 of the Arbitration and Conciliation Act, 1996 the requirement for an agreement for Arbitration needs three constitutents namely a signed document, exchange of communication (letter, telex telegrame) for recording the agreement and lastly an exchange of statement of claim and defence in which the existence of the agreement is alleged by one party and is not denied by the party of the other part.

No where in the whole act there is any clause excluding any particular kind of agreement which cannot be referred for arbitration.

In view of the above "you are very much within your right to getting inserted Arbitration clause in leave and licence agreement for residential purpose.

Hope this satisfies your query.

Best Regards

Daksh

1 Like

anand das (service)     11 June 2010

Dear Daksh,

Thanks. You have elaborated the point with sections. This was what i was looking for. 

Thanks once again.


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