Section 39

This Part does not apply in relation to an international arbitration between parties to an arbitration agreement that was commenced before the commencement of this Act unless the parties have (whether in the agreement or in any other written document) otherwise agreed.

Subject to subsection (1), where the arbitral proceedings were commenced before the commencement of this Act, the law governing the arbitration agreement and the arbitration shall be the law which would have applied if this Act had not been made.

In any written law, written agreement or other document, a reference to arbitration under the Arbitration Act (Chapter 280) shall, so far as relevant and unless the contrary intention appears, be construed to include a reference to arbitration under this Act.

For the purposes of this section, arbitral proceedings are to be taken as having commenced on the date of the receipt by the respondent of a request for the dispute to be referred to arbitration, or, where the parties have agreed in writing that any other date is to be taken as the date of commencement of the arbitral proceedings, then on that date.

Nothing in this Act shall affect any proceedings relating to arbitration which have been commenced in any court before the commencement of this Act.

International Arbitration 26