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Contents

Long Title

Part I PRELIMINARY

Part II ARBITRATION AGREEMENT

Part III sTAY OF LEGAL PROCEEDINGS

Part IV COMMENCEMENT OF ARBITRATION PROCEEDINGS

Part V ARBITRAL TRIBUNAL

Part VI JURISDICTION OF ARBITRAL TRIBUNAL

Part VII aRBITRAL PROCEEDINGS

Part VIII AWARD

Part IX POWERS OF COURT IN RELATION TO AWARD

Part X MISCELLANEOUS

Legislative History

Comparative Table

 
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On 19/05/2013, you requested for the version in force on 19/05/2013 incorporating all amendments published on or before 19/05/2013. The closest version currently available is that of 31/07/2002.
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PART II
ARBITRATION AGREEMENT
Arbitration agreement
4.
—(1)  In this Act, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them 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)  An arbitration agreement shall, except as provided for in subsection (4), be in writing, being contained in —
(a)
a document signed by the parties; or
(b)
an exchange of letters, telex, telefacsimile or other means of communication which provide a record of the agreement.
(4)  Where in any arbitral or legal proceedings, a party asserts the existence of an arbitration agreement in a pleading, statement of case or any other document in circumstances in which the assertion calls for a reply and the assertion is not denied, there shall be deemed to be an effective arbitration agreement as between the parties to the proceedings.
(5)  A reference in a bill of lading to a charterparty or other document containing an arbitration clause shall constitute an arbitration agreement if the reference is such as to make that clause part of the bill of lading.
Arbitration agreement not to be discharged by death of party
5.
—(1)  An arbitration agreement shall not be discharged by the death of any party to the agreement but shall continue to be enforceable by or against the personal representative of the deceased party.
(2)  The authority of an arbitrator shall not be revoked by the death of any party by whom he was appointed.
(3)  Nothing in this section shall be taken to affect the operation of any written law or rule of law by virtue of which any right of action is extinguished by the death of a person.