(1) In this Part, "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 it is contained in
(a) a document signed by the parties;
(b) an exchange of letters, telex, telegrams or other means of telecommunication 1[including communication through electronic means] which provide a record of the agreement; or
(c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other.
(5) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.
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1. Ins. by Act 3 of 2016, s. 3 (w. e. f. 23-10-2015).
Arbitration and Conciliation Act 1996
Section 2 of Arbitration Act - Definitions
Section 3 of Arbitration Act - Receipt of written communications
Section 4 of Arbitration Act - Waiver of right to object
Section 5 of Arbitration Act - Extent of judicial intervention
Section 6 of Arbitration Act - Administrative assistance
Section 7 of Arbitration Act - Arbitration agreement
Section 9 of Arbitration Act - Interim measures, etc., by Court
Section 10 of Arbitration Act - Number of arbitrators