Arbitration and Conciliation Act, 1996: ss.6, 7(4), 7(5) -
Arbitration agreement - Whether the parties were ad idem to
refer the dispute for arbitration to the Singapore commodity
Exchange in the absence of arbitration agreement - Held: An
arbitration agreement even though in writing need not be
signed by the parties if the record of agreement is provided
by exchange of letters, telex, telegrams or other means of
telecommunication - s. 7(4)(c) provides that there can be an
arbitration agreement in the exchange of statements of claims
and defence in which the existence of the agreement is
alleged by one party and not denied by the other - If it can
be prima facie shown that the parties are at ad idem, then
mere fact of one party not signing the agreement cannot
absolve himself from the liability under the agreement -
Therefore, signature is not a formal requirement u/s. 7(4)(b) or
s. 7(4)(c) or u/s. 7(5) of the Act - In the instant case, the
intention of the parties is clear from the correspondence
regarding their meeting of mind and ad idem to the terms of
sale contract which contained the forum of dispute resolution
at Singapore Commodity Exchange - Apart from that, after
the dispute was referred to Singapore Commodity Exchange
for arbitration, the appellant in response to the notice made
a counter claim before the Arbitral Tribunal contending that
the appellant had incurred huge loss in view of the failure on
the part of the respondent to supply the goods in time - By
making a counter claim, the appellant indeed submitted to the
jurisdiction of the arbitrator.