alternate dispute

SUBJECT: ARBITRATION DISPUTE RESOLUTION.

TOPIC: ARBITRATION AGREEMENT.

SUBMITTED AT: UILMS.

SUBMITTED TO : SUBMITTED BY:
Assistant Professor Rachit Aggarwal
Dr. Anupam Kurlwal Roll no. 1631

TABLE OF CONTENT
1. Section 7 :Arbitration Agreement of Arbitration and Conciliation Act.
1.1 Explanation of the Section.
1.2 Form and Location of an Arbitration Agreement.
1.3 Constitution of an Arbitration Agreement.
1.4 Essentials of an Arbitration Agreement.
2. Definition of Arbitration Agreement, Arbitration Clause and Submission Agreement.
3. Enforcement of an Arbitration Agreement.
3.1 Negative Enforcement : Lack of Jurisdiction of Court.
3.2 Positive Enforcement: the Submission Agreement.
3.3 Summary.
4. Criteria for determining the Law applicable to the Arbitration Agreement.
5. Requirement for the Arbitration Agreement.
5.1 It must arise out of mutual consent.
5.2 The parties must have the legal capacity.
5.2.1 Consequences of the lack of Capacity.
5.2.2 Law applicable to the Legal Capacity.
5.2.3 The legal capacity to enter into an agreement.
5.3 The agreement must be made in writing.
5.3.1 Summary.
5.4 It must arise out of a defined Legal Relationship.
5.5 The subject matter must be Arbitrable.
5.6 Summary.
6. Termination of the Arbitration Agreement.
6.1 Termination if the Arbitration Agreement by Mutual Consent.
6.2 Other Possible grounds for Termination.
6.2.1 Grounds related to the Parties.
6.2.2 Grounds related to the Arbitration.
6.3 Summary.
7. Separability or Autonomy of the Arbitration Agreement.
7.1 The problem and its Solution.
7.2 Summary.
8. Guidelines to Draft an Arbitration Agreement.
8.1 When to resort to Arbitration.
8.2 General considerations: written form of the arbitration clause and words to use.
8.3 How to define the subject-matter to be submitted to