NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

NINTH TRIMESTER

CIVIL PROCEDURE CODE III

PROJECT ON

Section 7: Arbitration Agreement

(A study of various cases decided by different courts under

this section and the trend thereof)

SUBMITTED TO: SUBMITTED BY:

PROF. (Dr.) S. SURYA PRAKASH NIMISHA JHA

2009BALLB01

ENROLMENT NO.: A-0863

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 TABLE OF CASES
Divya Shivlaks Impex vs. Shantilal Jamnadas Textiles (P) Ltd 2000(1) RAJ 320 (Bom)...09

GAIL (India) Ltd Vs Nagarjuna Cerachem Pvt Ltd 2005(1) RAJ 632 (AP)........................15

Jagdish Chander v. Ramesh Chander & Ors. (2007) 5 SCC 719.........................................12

KK Modi vs. KN Modi 1998 AIR SC 1297.............................................................................07

Mohan Singh vs. HP state Forest Corporation 1999(3) RAJ 73..........................................08

Motilal vs. Kedarmal Jainarayan Bharadiya 2002(3) RAJ 403 (Bom)................................10

PT Tirtamas Comexindo vs. Delhi International Ltd. 2001(4) RAJ 12 (Cal).....................15

Powertech World Wide Ltd. v. Delvin International General Trading LLC (2011).............10

Premlaxmi and Co Vs Trafalgar House Construction India Ltd. 1999(2) RAJ 314

(Bom).......................................................................................................................................14

Rickmers Verwaltung GMBH v. Indian Oil Corp. Ltd. (1999) 1 SCC 1...............................13

Shakti Bhog Foods Ltd. v. Kola Shipping Ltd. (2009) 2 SCC 134........................................13

Skanska Cementation India Ltd vs. Bajranglal Agarwal 2003(2) RAJ 152

(Bom).......................................................................................................................................08

Smita Conductors Ltd. v. Euro Alloys Ltd. (2001) 7 SCC 728..............................................12

Unissi (India) Pvt. Ltd. v. Post Graduate Institute of Medical Education and Research

(2009) 1 SCC 107....................................................................................................................13

VISA International Ltd. v. Continental Resources (USA) Ltd. (2009) 2 SCC 55.................13

Viraj Holdings, Mumbai vs. Motilal Oswal Securities Pvt Ltd 2003(4) RAJ 176 (Bom)...14

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 TABLE OF CONTENTS
INTRODUCTION TO ARBITRATION AND CONCILIATION ACT, 1996.................04

SECTION 7: ARBITRATION AGREEMENT...................................................................06

CASE BY CASE ANALYSIS OF SECTION 7 BY THE COURTS.................................07

CONCLUSION.......................................................................................................................16

BIBLIOGRAPHY..................................................................................................................17

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 INTRODUCTION TO THE ARBITRATION AND
CONCILIATION ACT, 1996
An arbitration also known as alternative dispute resolution (ADR), is a legal technique for the
resolution of disputes outside the courts, where the parties to a dispute refer it to one or more
persons (the "arbitrators", or "arbitral tribunal"), by whose decision (the "award") they agree
to be bound.
It is a settlement technique in which a third party reviews the case and imposes a decision
that is legally binding for both sides. Other forms of ADR include mediation/conciliation (a
form of settlement negotiation facilitated by a neutral third party). Arbitration is often used
for the resolution of commercial disputes, particularly in the context of international
commercial transactions.
The use of arbitration is also frequently employed in consumer and employment matters,
where arbitration may be mandated by the terms of employment or commercial contracts.
Arbitration can be either voluntary or mandatory (although mandatory arbitration can only
come from a statute or from a contract that is voluntarily entered into, where the parties agree
to hold all disputes to arbitration, without knowing, specifically, what disputes will ever
occur) and can be either binding or non-binding.
Non-binding arbitration is, on the surface, similar to mediation. However, the principal
distinction is that whereas a mediator will try to help the parties find a middle ground on
which to compromise, the (non-binding) arbitrator remains totally removed from the
settlement process and will only give a determination of liability and, if appropriate, an
indication of the quantum of damages payable.
Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose
decision the parties to the dispute have agreed, or legislation has decreed, will be final and
binding. Arbitration is not the same as a judicial proceeding.
In India, the Arbitration and Conciliation Act 1996, has been passed to consolidate and
amend the law relating to domestic arbitration, international commercial arbitration and
enforcement of foreign arbitral award and also to define law relating to conciliation and for
matters connected therewith or incidental thereto. In this Act, conciliation has been
introduced for the first time in India for settlement of commercial disputes.

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Under the Indian law, the parties can chose to have a single arbitrator or an arbitral tribunal
consisting of three arbitrators. The arbitrator can be of any nationality. The language for
arbitration can also be any language. It is however imperative that there should be no doubts
about the arbitrator’s independence, impartiality, or qualifications agreed to by the parties.
In order to initiate arbitration, the parties must have an agreement to settle the disputes and
differences by way of arbitration.

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 SECTION 7: ARBITRATION AGREEMENT
Section 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 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.
Generally, an arbitration agreement may be in the form of an arbitration clause in a contract
or in the form of a separate agreement. An arbitration agreement shall be in writing. An
arbitration agreement is deemed to be in writing:
1. if it is contained in a document signed by the parties; or
2. An exchange of letters, telex, telegrams or other means of telecommunication which
provide a record of the agreement; or
3. An exchange of statements of claims and defense in which, the existence of the
agreement is alleged by one party and denied by the other.
The existence of a dispute is a condition precedent to arbitration and if there is no dispute,
there cannot be any arbitration.

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 CASE BY CASE ANALYSIS OF SECTION 7
BY THE COURTS
Attributes of an arbitration agreement
KK Modi vs. KN Modi1
This case discussed the attributes which are necessary for considering an agreement as an
arbitration agreement. It was held that among the attributes which must be present are:
 The arbitration agreement must contemplate that the decision of the tribunal will be
binding on the parties to the agreement.
 The jurisdiction of the tribunal to decide the rights of the parties must derive from
their consent, or from an order of the Court or from a statute, the terms of which make
it clear that the process is to be arbitration.
 The agreement must contemplate that substantive rights of the parties will be
determined by the agreed tribunal.
 The tribunal will determine the rights of the parties in an impartial and judicial
manner with the tribunal being fair and equal to both sides.
 The agreement of the parties to refer their disputes to the decision of the tribunal must
be intended to be enforceable in law
 The agreement must contemplate that the tribunal will make a decision upon a dispute
which is already formulated at the time when a reference is made to the tribunal.
Other important factors include whether the agreement contemplates that that tribunal will
receive evidence from both sides and give the parties opportunity to put forth their issues and
hear their contentions; whether the wording of the agreement is consistent with the view that
the process was intended to be an arbitration; and whether the agreement requires the tribunal
to decide the dispute according to law.
The courts have laid emphasis on
(i) existence of disputes as against intention to avoid future disputes;
(ii) the tribunal or forum so chosen is intended to act judicially after taking into
account relevant evidence and submissions made by parties before it;
(iii) the decision is intended to bind parties;
(iv) Nomenclature used by parties need not be conclusive.

1
1998 AIR SC 1297

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Existence of arbitration agreement
Skanska Cementation India Ltd vs. Bajranglal Agarwal2
According to the facts, a purchase order was placed by the petitioners on the respondents.
The delivery challan contained a term that disputes if any should be referred to Bharat
Chamber of Commerce for arbitration. There was also an arbitration clause in invoices sent
by the respondent which were accepted by the petitioner and money was paid under those
invoices without protest.
It was held that the purchase order by itself would not be a contract between the parties' it is
only on accepting the terms of the order when a contract comes into being. Clause I of the
purchase order does provide that execution of this order shall be deemed to be acceptance of
the conditions stated therein. Clause 11 of the purchase order provided that the respondents
could indicate to the petitioner conditions they found unacceptable.
By the terms contained in the delivery challan, the petitioner is deemed to have been
informed that the condition that their decision was final was not acceptable to the respondent
and that the dispute, if any, should be referred to arbitration. The respondents also sent
invoices under which there was an arbitral clause, which was accepted by the petitioner.
Therefore it was concluded that the contract between the parties clearly contemplated a
provision for arbitration.

Definition of an arbitration agreement

Mohan Singh vs. HP state Forest Corporation3
This case discussed the effect of the failure to use the words 'arbitrator' or 'reference' in an
agreement. It was held that it is not necessary to constitute an arbitration agreement that the
words 'arbitrator' or 'reference' or similar expressions should actually be used in the
agreement. The agreement should, in substance, amount to an arbitration agreement and the
intention of the parties at the time of execution of the agreement would be the deciding
factor.

2
2003(2) RAJ 152 (Bom)
3
1999(3) RAJ 73

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The court further elaborated that it is not always that when two persons agreed to be bound
by a decision of their own choice that would constitute an arbitration agreement. In order to
determine the real nature of the agreement, it is necessary to ascertain the intention of the
parties at the time of entering the agreement.
For this specific purpose, consideration must be given not only to the exact words of the
agreement but also to the position, knowledge and skill of the person who whom the matter is
referred for decision.
On the other hand, if the intention of the parties appears to be not to settle the differences
after they have arisen but to prevent differences from arising, that would not be arbitration. It
is the intention of the parties which is to be gathered from the working of the clause and in
certain cases, even if the word 'arbitrator' is missing, it has to be inferred in between the lines
used by the parties.

Printed condition on invoice

Divya Shivlaks Impex vs. Shantilal Jamnadas Textiles (P) Ltd4
The issue was whether a printed condition on the invoice amounted to an arbitration
agreement. The respondents contended that after the details of particulars of the goods
supplied, quality, price etc, there is a printed note on the lower portion of the invoice which
states: 'This sale is subject to the Disputes and Arbitration Rules of Mumbai Piece Goods
Merchants Mahajan'. The respondents contended that this amounts to an agreement to refer
the dispute to the Mahajan.
The court held that the printed clause was not intelligible and this clause does not state that
the sale was subject to the arbitration rules of the Mumbai Piece Goods Merchants Mahajan.
It is difficult to appreciate the exact meaning of the printed words. On a plain reading, in the
absence of any other material to explain the said printed clause, it cannot be concluded that
the printed clause amounts to an arbitration agreement.

4
2000(1) RAJ 320 (Bom)

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Existence of arbitration agreement
Motilal vs. Kedarmal Jainarayan Bharadiya5
The dispute involved partition and separate possession of a family property and the matter
was in progress towards drawing of a final decree of partition. The document in issue did not
contemplate adjudication upon issues by the nominated person. The nominated persons were
not obliged to invite the parties to put forth their submissions and adjudicate thereupon; they
were merely put in the shoes of conflicting parties to effect partition and were empowered to
take any appropriate decision they felt to be just and fair.
The court held that the document did not meet the requirement of Section 7(1) 'agreement by
the parties to submit to the arbitration all or certain disputes which have arisen'.
In fact, the parties had agreed that they would not raise any dispute before the nominated
person and submit to their judgment or suggestion. Therefore the document is not an
arbitration agreement.
The court further elucidated that arbitration is an alternate dispute resolution system of quasi
judicial nature and if no judicial function are attributed to the nominated persons, the
document cannot be said to be an arbitration agreement.

Powertech World Wide Ltd. v. Delvin International General Trading LLC6

The question posed to the Court in this case was whether the clause in the agreement between
the parties constituted a valid and binding arbitration agreement or not?
It is clear from a reading of the said clause that the parties were ad idem to amicably settle
their disputes or settle the disputes through an arbitrator in India/UAE. There was apparently
some ambiguity caused by the language of the arbitration clause.
But once the correspondence between the parties and attendant circumstances are read
conjointly with the petition of the petitioner and with particular reference to the purchase
contract, it becomes evident that the parties had an agreement in writing and were ad idem in
their intention to refer these matters to an arbitrator in accordance with the provisions of the
Act.
Vide their letter dated 30th March, 2008, the respondent had raised certain claims upon the
petitioner and had also repelled the threat extended by the petitioner to take steps before the
ECGC.

5
2002(3) RAJ 403 (Bom)
6
ARBITRATION PETITION (CIVIL) NO. 5 OF 2010) ( 14th Nov. 2011)

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This notice had been responded to by the petitioner vide letter dated 4th April, 2008 wherein
it had raised its claims demanding payment of money within seven days and also stated that
any default thereto would constrain it to take legal action.
Finally, vide letter dated 30th May, 2008, the petitioner had invoked arbitration clause
between the parties and, in fact, had even nominated an arbitrator calling upon the respondent
to concur to the said appointment.
Replying to this letter vide letter dated 27th June, 2008, the respondent had neither denied the
existence nor the binding nature of the arbitration clause. On the contrary, it had requested
the petitioner not to take any legal action for appointment of an arbitrator, as they wanted to
suggest some other name as an arbitrator, that too, subject to consent of the petitioner.
This letter conclusively proves that the respondent had admitted the existence of an
arbitration agreement between the parties and consented to the idea of appointing a
common/sole arbitrator to determine the disputes between the parties. However, thereafter
there had been complete silence from its side, necessitating the filing of present petition
under Section 11(6) of the Act by the petitioner.
Thus, any ambiguity in the arbitration clause contained in the purchase contract stood extinct
by the correspondence between the parties and the consensus ad idem in relation to the
existence of an arbitration agreement and settlement of disputes through arbitration became
crystal clear. The parties obviously had committed to settle their disputes by arbitration,
which they could not settle, as claims and counter claims had been raised in the
correspondence exchanged between them. In view of the above, even the pre- condition for
invocation of an arbitration agreement stands satisfied.

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Jagdish Chander v. Ramesh Chander & Ors7
In this case, the Court was concerned with Clause 16 of the contract between the parties that
read as under:
“If during the continuance of the partnership or at any time afterwards any dispute touching
the partnership arises between the partners, the same shall be mutually decided by the
partners or shall be referred for arbitration if the parties so determine.”
The Court felt that the main attribute of an arbitration agreement, namely, consensus ad idem
to refer the disputes to arbitration, is missing in Clause 16 relating to settlement of disputes.
Therefore, it is not an arbitration agreement as defined under Section 7 of the Act. In absence
of an arbitration agreement, the question of exercising power under Section 11 of the Act to
appoint an arbitrator does not arise.

Smita Conductors Ltd. v. Euro Alloys Ltd.8

In this case, no contract, letter or telegram confirming the contract containing the arbitration
clause as such was there, but certain correspondences which indicated a reference to the
contract containing arbitration clause for opening the letter of credit addressed to the bank,
were there. There was also no correspondence between the parties disagreeing either with the
terms of the contract or the arbitration clause. The two contracts also stood affirmed by
reason of their conduct as indicated in the letters exchanged between the parties.
The Court construed it to be an arbitration agreement in writing between the parties and
referred to Article II Para 2 of the New York Convention, which is pari materia to Section 7
of the Act and observed as under:
“What needs to be understood in this context is that the agreement to submit to arbitration
must be in writing. What is an agreement in writing is explained by Para 2 of Article II. If we
break down Para 2 into elementary parts, it consists of four aspects.
1. It includes an arbitral Clause (1) in a contract containing an arbitration clause
signed by the parties,
2. an arbitration agreement signed by the parties,
3. an arbitral clause in a contract contained in exchange of letters or telegrams, and
4. An arbitral agreement contained in exchange of letters or telegrams.
If an arbitration clause falls in any one of these four categories, it must be treated as an
agreement in writing.”

7
(2007) 5 SCC 719
8
(2001) 7 SCC 728

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Rickmers Verwaltung GMBH v. Indian Oil Corp. Ltd.9
The Court took the view that `it is the duty of the court to construe correspondence with a
view to arrive at a conclusion whether there was any meeting of minds between the parties,
which could create a binding contract between them. Unless from the correspondence, it can
unequivocally and clearly emerge that the parties were ad idem to the terms, it cannot be
said that an agreement had come into existence between them through correspondence.'

Unissi (India) Pvt. Ltd. v. Post Graduate Institute of Medical Education and Research10
The appellant had given his tender offer which was accepted by the respondent and the tender
contained an arbitration clause, the Court, considering the facts of the case, the provisions of
Section 7 of the Act and the principles laid down by it, took the view that though no formal
agreement was executed but in view of the tender documents containing the arbitration
clause, the reference to arbitration was proper.

Shakti Bhog Foods Ltd. v. Kola Shipping Ltd.11

The Court held that from the provisions made under Section 7 of the Act, the existence of an
arbitration agreement can be inferred from a document signed by the parties or exchange of
e-mails, letters, telex, telegram or other means of telecommunication, which provide a record
of the agreement.

VISA International Ltd. v. Continental Resources (USA) Ltd.12

The disputes having arisen between the parties, the respondent, instead of challenging the
existence of a valid arbitration clause, took the stand that the arbitration would not be cost
effective and will be pre-mature. In view of the facts, this Court held that there was an
arbitration agreement between the parties and the petitioner was entitled to a reference under
Section 11 of the Act and observed:
No party can be allowed to take advantage of inartistic drafting of arbitration clause in any
agreement as long as clear intention of parties to go for arbitration in case of any future
disputes is evident from the agreement and the material on record, including surrounding
circumstances.

9
(1999) 1 SCC 1
10
(2009) 1 SCC 107
11
(2009) 2 SCC 134
12
(2009) 2 SCC 55

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Form of arbitration agreement
Viraj Holdings, Mumbai vs. Motilal Oswal Securities Pvt Ltd13
This case considered the effect of a contract note signed only by the registered broker or
trader. The issue was whether this could be said to contain an arbitration agreement in writing
if not signed by both parties.
Contract notes are framed under a special law; in view of Regulation 3.5 of National Stock
Exchange, framed under the Securities Contracts (Regulation) Act, 1956, which clearly
provides for the manner in which contract notes are to be executed and state that they will be
subject to the rules, bye laws and regulations of the NSE. The law governing the execution of
such contract notes it provides for a mode of execution of such notes and that is by the
signature of a registered stockbroker. The legislative competence to enact a provision
prescribing a specific mode of execution of contract is not questioned.
Thus, on a harmonious construction of the provisions of the Arbitration Act and the
regulations framed under the Securities Contracts (Regulation) Act, 1956, both enacted by the
Parliament, it is held that the contract note executed under Regulation 3.5 signed by only the
broker and containing a stipulation that the contract would be subject to rules and bye laws,
which in turn provide for arbitration can constitute a valid arbitration agreement even though
it is signed by a trade member.

Reference to an arbitration clause in a contract

Premlaxmi and Co vs. Trafalgar House Construction India Ltd.14
The facts surrounding the case is that there was a reference in a contract to a document
containing an arbitration clause and the question whether it can be treated as part of the
contract was answered in the positive. It was held that 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 a part of the contract.

13
2003(4) RAJ 176 (Bom)
14
1999(2) RAJ 314 (Bom)

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Arbitration agreement to be in writing
PT Tirtamas Comexindo vs. Delhi International Ltd.15
The question that arose in this case was whether a fax message confirming the agreement can
in law amount to an arbitration agreement. The court also discussed the underlying
requirements of an arbitration agreement.
It was held that an arbitration agreement shall be in writing and may be made by exchange of
letters, telex messages and other means of telecommunications which shall provide the record
of such agreement. In this case, the respondent could not satisfy the court on any evidence
that the fax message had been sent and received by the other party and the court was
compelled to conclude that the fax message containing the arbitration clause was in fact not
sent by the respondent.
The court, however, stated that there cannot be any inflexible or strict formula as to how an
agreement would legally be construed as per the provisions of Section 7. The agreement may
be made by several means including fax messages in writing, but it should be confirmed by
any other mode of telecommunications.

Existence of arbitration clause

GAIL (India) Ltd vs. Nagarjuna Cerachem Pvt Ltd16
There was a government contract for supply of gas which had an arbitration clause. However,
the petitioner filed a writ petition under Article 226 of the Constitution of India, the
maintainability of which was questioned in this case.
The court held that the writ was not maintainable as there was an arbitration clause in the
agreement under which all the disputes, if not settled mutually, will have to be referred for
arbitration where the arbitrator would decide the dispute and grant appropriate relief. It is not
permissible to invoke Article 226 because there is an existing effective remedy available in
the contract itself. Availability of an alternative remedy is a good ground for the court to
decline to exercise its extraordinary jurisdiction under Article 226.

15
2001(4) RAJ 12 (Cal)
16
2005(1) RAJ 632 (AP)

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 CONCLUSION
At this juncture the well settled principles in regard to what constitutes an arbitration
agreement are:
1. The intention of the parties to enter into an arbitration agreement shall have to be
gathered from the terms of the agreement. If the terms of the agreement clearly
indicate an intention on the part of the parties to the agreement to refer their disputes
to a private tribunal for adjudication and willingness to be bound by the decision of
such tribunal on such disputes, it is arbitration agreement. While there is no specific
form of an arbitration agreement, the words used should disclose a determination and
obligation to go to arbitration and not merely contemplate the possibility of going for
arbitration. Where there is merely a possibility of the parties agreeing to arbitration in
future, as contrasted from an obligation to refer disputes to arbitration, there is no
valid and binding arbitration agreement.
2. Even if the words 'arbitration' and 'arbitral tribunal (or arbitrator)' are not used with
reference to the process of settlement or with reference to the private tribunal which
has to adjudicate upon the disputes, in a clause relating to settlement of disputes, it
does not detract from the clause being an arbitration agreement if it has the attributes
or elements of an arbitration agreement. They are:
(a) The agreement should be in writing.
(b) The parties should have agreed to refer any disputes (present or future) between
them to the decision of a private tribunal.
(c) The private tribunal should be empowered to adjudicate upon the disputes in an
impartial manner, giving due opportunity to the parties to put forth their case before it.
(d) The parties should have agreed that the decision of the Private Tribunal in respect
of the disputes will be binding on them.
3. Where the clause provides that in the event of disputes arising between the parties, the
disputes shall be referred to Arbitration, it is an arbitration agreement. Where there is
a specific and direct expression of intent to have the disputes settled by arbitration, it
is not necessary to set out the attributes of an arbitration agreement to make it an
arbitration agreement. But where the clause relating to settlement of disputes, contains
words which specifically excludes any of the attributes of an arbitration agreement or
contains anything that detracts from an arbitration agreement, it will not be an
arbitration agreement.

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 For example, where an agreement requires or permits an authority to decide a claim or
dispute without hearing, or requires the authority to act in the interests of only one of
the parties, or provides that the decision of the Authority will not be final and binding
on the parties, or that if either party is not satisfied with the decision of the Authority,
he may file a civil suit seeking relief, it cannot be termed as an arbitration agreement.

4. But mere use of the word 'arbitration' or 'arbitrator' in a clause will not make it an
arbitration agreement, if it requires or contemplates a further or fresh consent of the
parties for reference to arbitration. For example, use of words such as "parties can, if
they so desire, refer their disputes to arbitration" or "in the event of any dispute, the
parties may also agree to refer the same to arbitration" or "if any disputes arise
between the parties, they should consider settlement by arbitration" in a clause
relating to settlement of disputes, indicate that the clause is not intended to be an
arbitration agreement. Similarly, a clause which states that "if the parties so decide,
the disputes shall be referred to arbitration" or "any disputes between parties, if they
so agree, shall be referred to arbitration" is not an arbitration agreement. Such clauses
merely indicate a desire or hope to have the disputes settled by arbitration, or a
tentative arrangement to explore arbitration as a mode of settlement if and when a
dispute arises. Such clauses require the parties to arrive at a further agreement to go to
arbitration, as and when the disputes arise. Any agreement or clause in an agreement
requiring or contemplating a further consent or consensus before a reference to
arbitration is not an arbitration agreement, but an agreement to enter into an
arbitration agreement in future.

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 BIBLIOGRAPHY
http://www.icaindia.co.in/icanet/judgment.htm
http://www.mbaclubindia.com/articles/print_this_page.asp?article_id=1586
http://www.legalblog.in/2012/02/definition-of-arbitration-agreement.html
http://arbitrationandconciliation.org/
http://pxvlaw.wordpress.com/2011/09/09/recent-decision-of-the-supreme-court-on-
existence-of-an-arbitration-agreement/
http://www.indiankanoon.org/doc/1846895/

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