Document ID: chunk:federal_register_of_legislation:C2010A00097:clause:1_4
Version: federal_register_of_legislation:C2010A00097
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 6620–7492

4  At the end of section 3
Add:
 (4) For the avoidance of doubt and without limiting subsection (1), an agreement is in writing if:
 (a) its content is recorded in any form whether or not the agreement or the contract to which it relates has been concluded orally, by conduct, or by other means; or
 (b) it is contained in an electronic communication and the information in that communication is accessible so as to be usable for subsequent reference; or
 (c) it is contained in an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by the other.
 (5) For the avoidance of doubt and without limiting subsection (1), a reference in a contract to any document containing an arbitration clause is an arbitration agreement, provided that the reference is such as to make the clause part of the contract.