Delhi High Court: WhatsApp & Email Communications Can Form Valid Arbitration Agreement

The Delhi High Court has ruled that an arbitration agreement can be validly formed through WhatsApp messages and emails, even without a formally signed contract.

Referring to Section 7(4)(b) of the Arbitration and Conciliation Act, 1996, the Court held that what matters is written communication showing both parties agreed to arbitration.

This decision came from a dispute between Belvedere Resources and SM Niryat (now merged with OCL Iron and Steel), where Belvedere sought ₹23.34 crore in arbitration.

However, the petition failed due to a lack of Delhi jurisdiction, as all transactional activities occurred in Kolkata. Consequently, the arbitration clause stands, but the court cannot hear the matter.