• Section 2: Section 2: Arbitration Agreement

    • Article 10 - Definition and form of Arbitration Agreement

      (1) An Arbitration Agreement is an agreement by the parties to submit to Arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An Arbitration Agreement must be in writing and may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
      (2) Any standard term or condition of membership or licence or other association with the QFC which requires parties to arbitrate disputes shall be considered a binding Arbitration Agreement under these Regulations.
      (3) An Arbitration Agreement is taken to be in writing if the arbitration clause or arbitration terms and conditions or any arbitration rules referred to by the Arbitration Agreement are in writing, even if the contract or the separate Arbitration Agreement may have been concluded orally, by conduct or by other means not in writing.
      (4) Furthermore, an Arbitration Agreement is in writing if it is contained in an exchange of documents in, or preparatory to, Court or Arbitration proceedings in which the existence of an agreement is alleged by one party and not denied by the other.
      (5) The reference in a contract to a text containing an arbitration clause constitutes an Arbitration Agreement provided that (i) the reference is such as to make that clause part of the contract and (ii) the text actually existed when the contract containing the reference to it was entered into.
      (6) The written arbitration terms and conditions, together with any writing incorporating by reference or containing those terms and conditions, or which those terms and conditions incorporate by reference, constitute the Arbitration Agreement.
      (7) For the purposes of this Article:
      (A) "writing" includes any form that provides a tangible record of the agreement or is otherwise accessible as a data message so as to be usable for subsequent reference; and
      (B) "data message" means information generated, sent, received or stored by electronic, optical or similar means including, but not limited to, electronic data interchange, electronic mail, telegram, telex or telecopy.

    • Article 11 - Arbitration Agreement and substantive claim before Court

      (1) If an action is brought before the QFC Tribunal in a matter which is the subject of an Arbitration Agreement, the QFC Tribunal shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, refer the parties to Arbitration unless it finds that the Arbitration Agreement is null and void, inoperative or incapable of being performed.
      (2) Where an action referred to in paragraph 11(1) of this Article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the QFC Tribunal.

    • Article 12 - Arbitration Agreement and interim measures by Court

      (1) It is not incompatible with an Arbitration Agreement for a party to request, before or during arbitral proceedings, from a Court an interim measure of protection and for a Court to grant such measure.
      (2) The QFC Tribunal shall have the same power of issuing interim measures and protection for the purposes of and in relation to Arbitration proceedings as it has for the purposes of and in relation to other proceedings in the QFC Tribunal and shall exercise that power in accordance with its own rules and procedures insofar as these are relevant to the specific features of an Arbitration.