Arbitration Act 1940
Section 7
Arbitration Agreement.
(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 which
provide a record of the agreement; or
(c) an
exchange of statements of claim and defense 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
if the contract is in writing and the reference is such as to make that
arbitration clause part of the contact.