https://www.taxtmi.com/caselaws?id=114078 In a section 9 proceeding under the Arbitration and Conciliation Act, 1996, the court may finally determine whether an arbitration agreement exists and whether the dispute falls within its scope. A written arbitration agreement may arise from exchanged correspondence even without signatures, but only if the parties were ad idem on all material terms. Where the correspondence shows continuing negotiations on an important term, such as royalty for the period between termination of an earlier arrangement and execution of a proposed agreement, no concluded contract or independent arbitration agreement is established. On the record, the documents and subsequent conduct did not show final settlement of that term, so the claim based on an arbitration clause failed. en-us Mon, 07 Apr 2008 00:00:00 +0530 Tue, 09 Dec 2014 15:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=114078 In a section 9 proceeding under the Arbitration and Conciliation Act, 1996, the court may finally determine whether an arbitration agreement exists and whether the dispute falls within its scope. A written arbitration agreement may arise from exchanged correspondence even without signatures, but only if the parties were ad idem on all material terms. Where the correspondence shows continuing negotiations on an important term, such as royalty for the period between termination of an earlier arrangement and execution of a proposed agreement, no concluded contract or independent arbitration agreement is established. On the record, the documents and subsequent conduct did not show final settlement of that term, so the claim based on an arbitration clause failed. Case-Laws Companies Law Mon, 07 Apr 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=114078