C.A. No. 008164 / 2016

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A dispute resolution clause in a Trust Deed — being a unilateral document executed solely by the settlor, without the signatures of the beneficiaries — cannot constitute a valid "arbitration agreement" within the meaning of Sections 2(b), 2(h), and 7 of the Arbitration and Conciliation Act, 1996, as the beneficiaries do not qualify as "parties" to such a deed. As analyzed on casestatus.in, the sine qua non of a valid arbitration agreement requires a written document signed by all parties, mutual consensus, and an arbitration clause — none of which are satisfied by a Trust Deed alone. Consequently, an application under Section 11 of the Act founded solely on an arbitration clause in a Trust Deed is not maintainable.