(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 including communication through electronic means which provide a record of the agreement; or
(c) an exchange of statements of claim and defence 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 agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.
Legal Commentary & Landmark Judgments: Section 7
The existence of a valid arbitration agreement in writing constitutes the foundational gateway to all arbitral proceedings, governed comprehensively by the statutory criteria prescribed under Section 7.
Section 7(5) recognizes incorporation by reference.
Embodying the doctrine of separability under Section 7, the arbitration clause is treated as an independent covenant distinct from the underlying commercial contract, ensuring that claims of contract invalidity, termination, or non-stamping do not extinguish the arbitral tribunal's mandate.