Arbitration Act 1940
Sch . I Article II
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
THE FIRST SCHEDULE
(See section 44)
1. Each Contracting State shall recognize an
agreement in writing under which the parties undertake to submit to arbitration
all or any differences which have arisen or which may arise between them in
respect of defined legal relationship, whether contractual or not, concerning a
subject-matter capable of settlement by arbitration.
2. The term "agreement in writing"
shall include an arbitral clause in a contract or an arbitration agreement,
signed by the parties or contained in an exchange of letters or telegrams.
3. The court of a Contracting State, when
seized of an action in a matter in respect of which the parties have made an
agreement within the meaning of this article, shall, at the request of one of
the parties, refer the parties to arbitration, unless it finds that the said
agreement is null and void, inoperative or incapable of being performed.