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Contents  

Long Title

Part I PRELIMINARY

Part II ARBITRATION AGREEMENT

Part III STAY OF LEGAL PROCEEDINGS

Part IV COMMENCEMENT OF ARBITRAL 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 30/05/2017, you requested the version in force on 30/05/2017 incorporating all amendments published on or before 30/05/2017. The closest version currently available is that of 01/08/2016.
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PART II
ARBITRATION AGREEMENT
Definition and form of 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 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)  An arbitration agreement shall 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 shall be in writing is satisfied by an electronic communication if the information contained therein is accessible so as to be useable for subsequent reference.
(6)  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.
(7)  A reference in a contract to any document containing an arbitration clause shall constitute an arbitration agreement in writing if the reference is such as to make that clause part of the contract.
(8)  A reference in a bill of lading to a charterparty or other document containing an arbitration clause shall constitute an arbitration agreement in writing if the reference is such as to make that clause part of the bill of lading.
(9)  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.
[Act 12 of 2012 wef 01/06/2012]
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.