First Previous (Chapter V. Fraud and mistake.) Next (SCHEDULE. Enactments Repealed.)

6 1957



Application of this Act and other Limitation Enactments to Arbitrations.

Interpretation (Part IV).

73. —In this Part of this Act—

the Court” means the High Court.

Commencement of arbitration.

74. —(1) For the purposes of this Act and of any other limitation enactment, an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other party or parties a written notice requiring him or them to appoint or concur in appointing an arbitrator or, where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring him or them to submit the dispute to the person so named or designated.

(2) (a) A notice under subsection (1) of this section may be served—

(i) by delivering it to the person on whom it is to be served,

(ii) by leaving it at the place in the State at which that person ordinarily resides or carries on business,

(iii) by sending it by registered post in an envelope addressed to that person at the place in the State at which he ordinarily resides or carries on business,

(iv) in any other manner provided for in the arbitration agreement.

(b) For the purposes of this subsection, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office in the State and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business in the State.

Application of Act and other limitation enactments to arbitrations.

75. —This Act and any other limitation enactment shall apply to arbitrations as they apply to actions in the Court.

Accrual of cause of action where agreement makes award thereunder a condition precedent to commencement of action.

76. —Notwithstanding any term in an arbitration agreement to the effect that no cause of action shall 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 shall, for the purposes of this Act and of any other limitation enactment (whether in their application to arbitrations or to other proceedings), be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement.

Power of Court to extend time where it sets aside award or orders arbitration to cease to have effect.

77. —Where the Court orders that an award be set aside or orders, after the commencement of an arbitration, that the arbitration shall cease to have effect with respect to the dispute referred, the Court may further order that the period between the commencement of the arbitration and the date of the order of the Court shall be excluded in computing the time fixed by this Act or any other limitation enactment for the commencement of proceedings (including arbitration) with respect to the dispute referred.

Application of Part IV to arbitrations under other Acts.

78. —This Part of this Act shall apply to an arbitration under an Act as well as to an arbitration pursuant to an arbitration agreement, and section 74 of this Act shall have effect, in relation to an arbitration under an Act, as if, for the references to the arbitration agreement, there were substituted references to such of the provisions of the Act or of any order, scheme, rules, regulations or bye-laws made thereunder as relate to the arbitration.

Saving for other enactments relating to limitation of arbitrations.

79. —This Act shall not apply to—

(a) any arbitration for which a period of limitation is fixed by any other enactment, or

(b) any arbitration to which a State authority is a party and for which, if that State authority were a private individual, a period of limitation would be fixed by any other enactment.

Arbitrations pending on the operative date.

80. —Nothing in this Act shall effect an arbitration commenced before the operative date or the title to any property which is the subject of any such arbitration.