In force2024 Revised EditionCurrent version · 2024 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)
Arbitration Act · 2024 Revised Edition · Part · Commencement of Arbitration Proceedings
Arbitration Act · 2024 Revised Edition · Part · Commencement of Arbitration Proceedings
Official textFrom Attorney General's Chambers, unchanged
Where the terms of an arbitration agreement to refer future disputes to arbitration provide that a claim to which the arbitration agreement applies shall be barred unless —
arbitration agreement
“arbitration agreement” has the meaning given to it by section 4(1);
Arbitration 14
some step has been taken to begin other dispute resolution procedures which must be exhausted before arbitration proceedings can be begun;
notice to appoint an arbitrator is given;
an arbitrator is appointed; or
some other step is taken to commence arbitration 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 it thinks fit.
An order of extension of time made by the Court under subsection (1) —
may be made only after any available arbitral process for obtaining an extension of time has been exhausted;
may be made notwithstanding that the time so fixed has expired; and
shall not affect the operation of sections 9 and 11 and any other written law relating to the limitation of actions.
arbitration agreement
“arbitration agreement” has the meaning given to it by section 4(1);
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