(1) An arbitration
agreement is an agreement by the parties to submit to arbitration all or
certain disputes which have arisen or which may arise between them in respect
of a defined legal relationship, whether contractual or not.
(2) An arbitration
agreement may be in the form of an arbitration clause in a contract or in the
form of a separate agreement.
(3) The arbitration
agreement must be in writing.
(4) An arbitration
agreement is in writing if its content is recorded in any form, whether or not
the arbitration agreement or contract has been concluded orally, by conduct,
or by other means.
(5) The requirement
that an arbitration agreement be in writing is met by an electronic
communication if the information contained in it is accessible so as to be
useable for subsequent reference.
(6) In this section
data message means information generated, sent,
received or stored by electronic, magnetic, optical or similar means,
including, but not limited to, electronic data interchange (EDI), electronic
mail, telegram, telex or telecopy;
electronic communication means any communication
that the parties make by means of data messages.
(7) Furthermore, an
arbitration agreement is in writing if it is contained in an exchange of
statements of claim and defence in which the existence of an agreement is
alleged by one party and not denied by the other.
(8) The reference in a
contract to any document containing an arbitration clause constitutes an
arbitration agreement in writing, provided that the reference is such as to
make that clause part of the contract.
Note for this section:
This section is
substantially the same as Option 1 set out in Art 7 of the Model Law.