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An Arbitral agreement is essential point in the law of Arbitration. The particular form of arbitral agreement is
not provided under this Act. but there must be legal, valid and binding agreement between the parties. This
Act specifically provided that arbitration agreement must be in the form of document and document must be
signed by the parties yo operate as an arbitration agreement.
3) Written Agreement -
A) Minor and lunatics contract by minors and lunatics are void and therefore by themselves they cannot enter into valid
agreement of arbitration. however they can enter into arbitration agreement with their natural or legal
guardian's
B) Agent Agent recognised agent of a party can enter into an arbitration agreement on behalf of his principal.
C) Manager of Hindu joint familyA manager of Hindu joint family can refer the final dispute to arbitration.
Case law 1) Sadashiv Ramchandra Datar v. Trimbak Keshar AIR 1920 Bom 32.
In this case Bombay high Court held that if a minor is not properly represented and his guardians fails in this
duty to protect his interest , the award is nor binding on minor.
In this case of dispute among the partners inter se, if the deed of partnership provides for Such disputes
being referred to arbitration, a partner shall be entitled to make reference to arbitration.
Conclusion
every person who is competent to contract can enter into arbitration agreement. Minor and lunatics can
enter into an arbitration agreement through their natural or legal guardian's . A manager of Hindu joint
family can referred the family dispute to arbitration