Section 4: Arbitration agreement

4. Arbitration agreement (1) An arbitration agreement— (a) may be in the form of an arbitration clause in a contract or other legal instrument or in the form of a separate agreement; and (b) shall be in writing. (2) An arbitration agreement shall be in writing where— (a) its contents are recorded in any form, whether or not the arbitration agreement or the contract has been concluded orally, by conduct, or by other means; (b) it is concluded by an electronic communication and the information contained in it is accessible so as to be usable for subsequent reference; or (c) 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. (3) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement in writing where the reference is such as to make that clause part of the contract.