Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Commencement of arbitral proceedings
9. Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.[12/2012]
Powers of Court to extend time for beginning of arbitral proceedings
10.—(1) Where the terms of an arbitration agreement to refer future disputes to arbitration provide that a claim to which the arbitration agreement applies is barred unless —(a) some step has been taken to begin other dispute resolution procedures which must be exhausted before arbitral proceedings can be begun; (b) notice to appoint an arbitrator is given; (c) an arbitrator is appointed; or (d) some other step is taken to commence arbitral proceedings, within a time fixed by the agreement and a dispute to which the agreement applies has arisen, the Court may, if it is of the opinion that in the circumstances of the case undue hardship would otherwise be caused, extend the time for such period and on such terms as the Court thinks fit. [12/2012] (2) An order of extension of time made by the Court under subsection (1) —(a) may be made only after any available arbitral process for obtaining an extension of time has been exhausted; (b) may be made even though the time so fixed has expired; and (c) does not affect the operation of section 9 or 11 or any other written law relating to the limitation of actions.
Application of Limitation Act 1959 and Foreign Limitation Periods Act 2012
11.—(1) The Limitation Act 1959 and the Foreign Limitation Periods Act 2012 apply to arbitral proceedings as they apply to proceedings before any court and any reference in both Acts to the commencement of proceedings is to be construed as a reference to the commencement of arbitral proceedings.[13/2012] (2) The Court may order that in computing the time prescribed by the Limitation Act 1959 or the Foreign Limitation Periods Act 2012 for the commencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject matter of —(a) an award which the Court orders to be set aside or declares to be of no effect; or (b) the affected part of an award which the Court orders to be set aside in part or declares to be in part of no effect, the period between the commencement of the arbitration and the date of the order referred to in paragraph (a) or (b) is to be excluded. [13/2012] (3) Despite any term in an arbitration agreement to the effect that no cause of action is to accrue in respect of any matter required by the agreement to be referred until an award is made under the agreement, the cause of action is deemed, for the purposes of the Limitation Act 1959 and the Foreign Limitation Periods Act 2012, to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement.[13/2012]
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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