s.4Arbitration agreement and model arbitration clause
4
Section 4Part 2 — ARBITRATION AGREEMENT

Arbitration agreement and model arbitration clause

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An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
Parties may agree to adopt or adapt the model arbitration clause provided in the Schedule if they are unable to independently formulate an appropriate arbitration clause for the purposes of arbitral proceedings.
An arbitration agreement, except as provided for in subsections (4) and (5), shall be in writing and contained in —
a document signed by the parties; or
an exchange of letters, facsimile, telegrams, electronic communications or other means of communication that provide a record of the agreement.
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.
An arbitration agreement which forms, or was intended to form part of, an agreement shall be treated as a distinct agreement.
An arbitration agreement is not void, voidable or otherwise unenforceable only because the agreement of which it forms part is void, voidable or otherwise unenforceable.
A dispute about the validity of an agreement which includes an arbitration agreement may be arbitrated in accordance with that arbitration agreement.
Where parties agree otherwise than in writing by reference to terms which are in writing, they may make an agreement in writing.
A reference in —
a bill of lading to a charter party or other document; or
an agreement to any other document,
containing an arbitration clause shall constitute an arbitration agreement if the reference is such as to make that clause a part of the bill of lading or the original agreement.
In this section —
"electronic communications" means —
communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or
communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both where the sound is processed at its destination by an automated voice recognition system.

Defined Terms

electronic communications

Referenced By