Similarly, a clause which states that “if the parties so decide, the
disputes shall be referred to arbitration” or “any disputes between
parties, if they so agree, shall be referred to arbitration” is not an
arbitration agreement. Such clauses merely indicate a desire or
hope to have the disputes settled by arbitration, or a tentative
arrangement to explore arbitration as a mode of settlement if and
when a dispute arises. Such clauses require the parties to arrive at
a further agreement to go to arbitration, as and when the disputes
arise. Any agreement or clause in an agreement requiring or
contemplating a further consent or consensus before a reference to
arbitration, is not an arbitration agreement, but an agreement to
enter into an arbitration agreement in future.”
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