Arbitration Act · 2024 Revised Edition · Part · Stay of Legal Proceedings
6. Stay of legal proceedings
Official textFrom Attorney General's Chambers, unchanged
Where any party to an arbitration agreement institutes any proceedings in any court against any other party to the agreement in respect of any matter which is the subject of the agreement, any party to the agreement may, at any time after entering an appearance and before delivering any pleading or taking any other step in the proceedings, apply to that court to stay the proceedings so far as they relate to that matter.
party
“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration;
The court to which an application has been made in accordance with subsection (1) may, if it is satisfied that —
there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement; and
the applicant was, at the time when the proceedings were commenced, and still remains ready and willing to do all things necessary to the proper conduct of the arbitration, make an order, upon such terms as it thinks fit, staying the proceedings so far as they relate to that matter.
Where a court makes an order under subsection (2), it may, for the purpose of preserving the rights of parties, make such interim or supplementary orders as it thinks fit in relation to any property which is or forms part of the subject of the dispute to which the order under that subsection relates.
Where no party to the proceedings has taken any further step in the proceedings for a period of not less than 2 years after an order staying the proceedings has been made, the court may, on its own motion, make an order discontinuing the proceedings without prejudice to the right of any of the parties to apply for the discontinued proceedings to be reinstated.
For the purposes of this section, a reference to a party includes a reference to any person claiming through or under such party.
Arbitration
Terms defined in s 2
arbitration agreement
Defined · s 2“arbitration agreement” has the meaning given to it by section 4(1);
party
Defined · s 2“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration;
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Part
Commencement of Arbitration Proceedings
Part
Arbitral Tribunal
Part
Jurisdiction of Arbitral Tribunal
Part
Arbitral Proceedings
Part
Award
Part
Powers of Court in Relation to Award
Part