(1) Subject to
subsection (2) —
Act applies to an arbitration agreement (whether made before or after the
commencement of this section) and to an arbitration under such an agreement;
reference in an arbitration agreement to the Commercial Arbitration Act 1985
, or a provision of that Act, is to be construed as a reference to this Act or
to the corresponding provision (if any) of this Act.
(2) If an arbitration
was commenced before the commencement of this section, the law governing the
arbitration and the arbitration agreement is to be that which would have been
applicable if this Act had not been enacted.
(3) For the purposes
of this section, an arbitration is taken to have been commenced if —
dispute to which the relevant arbitration agreement applies has arisen; and
arbitral tribunal has been properly constituted.
Note for this Part:
There is no equivalent
to this Part in the Model Law.