- (c) the arbitral tribunal as authorised by the parties,
or determined, in the absence of such designation, having regard to the arbitration agreement and all the relevant circumstances.
(2) Where any provision in this Act allows the parties to determine any issue, the parties may authorise a third party, including an arbitral institution, to make that determination.
(3) Where any provision in this Act refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules incorporated in that agreement.
(4) Where any provision in this Act refers to a claim, it shall also apply to a cross-claim or counter-claim, and where such provision refers to a defence, it shall also apply to a defence to such cross-claim or counter-claim.
Application of this Act
3. This Act shall apply to any arbitration where the place of arbitration is Singapore and where Part II of the International Arbitration Act (Cap. 143A) does not apply to that arbitration.
PART II
ARBITRATION AGREEMENT
Arbitration agreement
4.—(1) In this Act, "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 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, except as provided for in subsection (4), be in writing, being contained in—
- (a) a document signed by the parties; or
- (b) an exchange of letters, telex, telefacsimile or other means of communication which provide a record of the agreement.
