#sec7arbitration #arbitrationact #sec3to10arbitration
3. Receipt of written communications.-(1) Unless otherwise
agreed by the parties,-
(a) any written communication is deemed to have been received
if it is delivered to the addressee personally or at his place
of business, habitual residence or mailing address, and
(b) if none of the places referred to in clause (a) can be found
after making a reasonable inquiry, a written communication
is deemed to have been received if it is sent to the
addressee’s last known place of business, habitual
residence or mailing address by registered letter or by any
other means which provides a record of the attempt to
deliver it.
(2) The communication is deemed to have been received on the day
it is so delivered.
(3) This section does not apply to written communications in
respect of proceedings of any judicial authority.
4. Waiver of right to object.-A party who knows that-
(a) any provision of this Part from which the parties may
derogate, or
(b) any requirement under the arbitration agreement,
has not been complied with and yet proceeds with the arbitration without
stating his objection to such non-compliance without undue delay or, if
a time limit is provided for stating that objection, within that period of
time, shall be deemed to have waived his right to so object.
5. Extent of judicial intervention.-Notwithstanding anything
contained in any other law for the time being in force, in matters governed
by this Part, no judicial authority shall intervene except where so provided
in this Part.
6. Administrative assistance.-In order to facilitate the conduct
of the arbitral proceedings, the parties, or the arbitral tribunal with the
consent of the parties, may arrange for administrative assistance by a
suitable institution or person
CHAPTER II
ARBITRATION AGREEMENT
7. Arbitration agreement.-(1) In this Part, “arbitration agreement”
means an agreement by the parties to submit to arbitration all or certain
disputes which have arisen or which may arise between them in respect
of a defined legal relationship, whether contractual or not.
(2) An arbitration agreement may be in the form of an arbitration
clause in a contract or in the form of a separate agreement.
(3) An arbitration agreement shall be in writing.
(4) An arbitration agreement is in writing if it is contained in--
(a) a document signed by the parties;
(b) an exchange of letters, telex, telegrams or other means of
telecommunication 1
[including communication through
electronic means] which provide a record of the agreement;
or
(c) an exchange of statements of claim and defence in which
the existence of the agreement is alleged by one party and
not denied by the other.
(5) The reference in a contract to a document containing an
arbitration clause constitutes an arbitration agreement if the contract is
in writing and the reference is such as to make that arbitration clause
part of the contract.
8. Power to refer parties to arbitration where there is an
arbitration agreement.-2
[(1) A judicial authority, before which an action
is brought in a matter which is the subject of an arbitration agreement
shall, if a party to the arbitration agreement or any person claiming
through or under him, so applies not later than the date of submitting
his first statement on the substance of the dispute, then, notwithstanding
any judgment, decree or order of the Supreme Court or any Court, refer
the parties to arbitration unless it finds that prima facie no valid
arbitration agreement exists.]