Arbitration agreements
4Arbitration agreement
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).
5Separability
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.
6Law governing arbitration agreement
Where—
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.