Answer ... Article 7 of Schedule 1 to the act stipulates that an arbitration agreement must be in writing.
Article V of the New York Convention provides for discretionary non-recognition of an award where:
- the contracting parties lacked capacity to conclude the arbitration agreement; or
- the agreement is not valid under the law to which the parties have subjected it to or, failing an indication thereto, under the law of the place where the award was made.
Answer ... Yes, Article 16(1) of Schedule 1 to the act stipulates that an arbitral clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract, and that any decision by the tribunal that the contract is null and void shall not automatically invalidate the arbitration clause.
Answer ... Yes, Article 20 of Schedule 1 to the act empowers the tribunal, in the absence of agreement by the parties, to determine the juridical seat of the arbitration, having regard to the circumstances of the case, including the convenience of the parties.
Article 22 of Schedule 1 to the act empowers the tribunal, in the absence of agreement by the parties, to determine the language to be used in the proceedings. This determination shall apply to any written statement by a party, any hearing and any award, decision or other communication by the tribunal.