Answer ... See question 1.1.

In any arbitral or legal proceedings, if any party asserts the existence of an arbitration agreement in a pleading, statement of case or any other document in circumstances where the assertion calls for a reply and the assertion is not denied by the other party, there is deemed to be an effective arbitration agreement between the parties (Section 4(6) of the Arbitration Act; Section 2A(6) of the International Arbitration Act).

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Answer ... The doctrine of separability is captured under Section 21(2) of the Arbitration Act and Article 16(1) of the UNCITRAL Model Law. These provisions make clear that an arbitration clause which forms a part of a contract shall be treated as an agreement independent of the other terms of the contract. The invalidity of the underlying contract does not automatically invalidate the arbitration agreement contained therein. A decision by the tribunal that the contract is null and void shall not ipso jure invalidate the arbitration clause.

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Answer ... Article 20 of the UNCITRAL Model Law provides that the parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration will be determined by the arbitral tribunal having regard to the circumstances of the case.

Pursuant to Article 22 of the Model Law, the parties are also free to agree on the language of the arbitration, failing which the arbitral tribunal is likewise free to determine the language of the proceedings.

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