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An “arbitration agreement” is an agreement to submit a present or future dispute to arbitration (including any agreement which provides for arbitration in accordance with arbitration provisions contained in a separate document).
(1)An arbitration agreement which forms (or was intended to form) part only of an agreement is to be treated as a distinct agreement.
(2)An arbitration agreement is not void, voidable or otherwise unenforceable only because the agreement of which it forms part is void, voidable or otherwise unenforceable.
(3)A dispute about the validity of an agreement which includes an arbitration agreement may be arbitrated in accordance with that arbitration agreement.
(a)the parties to an arbitration agreement agree that an arbitration under that agreement is to be seated in Scotland, but
(b)the arbitration agreement does not specify the law which is to govern it,
then, unless the parties otherwise agree, the arbitration agreement is to be governed by Scots law.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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