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Report No. 76

2.10. Section 2(a.- Signatures not necessary.-

As to signature, the Arbitration Act does not require that the arbitration agreement must be signed by the parties. Only a writing is required. It may be that one of the reasons why signature is not insisted upon is that the arbitration clause may be found in commercial documents, such as "bought and sold" notes,1 or in the articles of private company,2-3 some of which are not signed by the parties who agree to be bound by arbitration.

1. Ram Narain v. Lila Dhar, 1906 ILR 33 Cal 1237.

2. Hickman v. Kent, (1915) 1 Ch 881.

3. A collection of some of the rules of association will be found in Paruck Arbitration Act, 1955, p. 429, et seq.



Arbitration Act, 1940 Back




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