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Arbitration Proceedings


Arbitration agreement is 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. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.


Arbitration Agreement

(1). In this Part, "arbitration agreement" means an agreement by theparties 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-

(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.

Arbitration agreement and substantive claim before court


(1). A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first        statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed.

(2). Where an action referred to in paragraph (1) of this article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be        made, while the issue is pending before the court.

Arbitration agreement and interim measures by court


It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure.

Number of arbitrators

(1). the parties are free to determine the number of arbitrators, provided that such number shall not be an even number.

(2). Failing the determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole arbitrator.

Number of arbitrators

(1). No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.

(2). The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of paragraphs (4) and (5) of this article.

(3). Failing such agreement,

(4). Where, under an appointment procedure agreed upon by the parties,

any party may request the court or other authority specified in article 6 to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.

(5). A decision on a matter entrusted by paragraph (3) or (4) of this article to the court or other authority specified in article 6 shall be subject to no appeal. The court or other      authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are     likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of       appointing an arbitrator of a nationality other than those of the parties.