Clause 2

by deleting the definition of “arbitration agreement” in subsection (1) and substituting the following definitions:“ “appointing authority” means the authority designated under section 8(2) or (3);“arbitration agreement” means an agreement in writing referred to in Article 7 of the Model Law and includes an agreement deemed or constituted under subsection (3) or (4);”;

by inserting, immediately after the word “award” in the definition of “award” in subsection (1), the words “but excludes any orders or directions made under section 12”; and

by inserting, immediately after subsection (2), the following subsections:“(3) Where in any arbitral or legal proceedings, a party asserts the existence of an arbitration agreement in a pleading, statement of case or any other document in circumstances in which the assertion calls for a reply and the assertion is not denied, there shall be deemed to be an effective arbitration agreement as between the parties to the proceedings.(4) A reference in a bill of lading to a charterparty or some other document containing an arbitration clause shall constitute an arbitration agreement if the reference is such as to make that clause part of the bill of lading.”.