An arbitration agreement must be made in writing. In accordance with Section 7 (4) of the Act, the arbitration agreement is considered written if included in: The 2015 Amendment of Section 7 of the Arbitration Act 1996 The purpose of s 8 of the Act is to create a mechanism to ensure that an arbitration agreement is enforceable and excludes the power of the court to allow litigation before such an agreement. It would not help to accept that any contractual agreement considering the possibility of an arbitration procedure, without explicit written agreement, to subject a class of disputes to an arbitration procedure should lead to unilateral arbitration with respect to all disputes. The parties must agree to refer arbitration proceedings to settle disputes in “in writing.” His honour, Hammer J, noted that the dispute settlement clause did not provide for a binding conciliation agreement, since there was no critical provision in the agreement for one of the parties to refer the dispute to arbitration or litigation, much less to indicate that arbitration was a priority. [3] Moreover, the clause in question did not contain words of choice, and certainly none conferred on one party the right to force the other to go in one direction. He considered that there could be arbitrations or litigation, but the embargoes both until after mediation. [4] b) an exchange of letters, telexes, telegrams or other telecommunications 1 [including electronic communications] that provide a record of the agreement; Or absent`s provision for removal, the basis on which the court in both Manningham and Mulgravegave prevails over arbitration. The only thing left to do is an inhibition of the use of arbitration or litigation without any provision, let alone a clear one that, in some cases, the parties can arbitrate rather than argue. Section 7 of the Arbitration and Conciliation Act 1996 defines the arbitration agreement as an agreement between the parties to refer to the arbitration of all or part of the disputes that have arisen or arise at a later date between them with respect to a defined legal relationship, whether contractual or not.