Section 46
Section 46
(1)
This Act and any other written law relating to limitation shall apply to arbitrations as they apply to actions in the High Court.
(2)
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 any other written law relating limitation (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.
(3)
For the purposes of this Act and of any other written law relating to limitation, an arbitration shall be treated as being commenced —
(a)
when one party to the arbitration serves on the other party or parties a notice requiring him or them to appoint an arbitrator or to agree to the appointment of an arbitrator; or
(b)
where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, when one party to the arbitration serves on the other party or parties a notice requiring him or them to submit the dispute to the person so named or designated.
(4)
Any such notice may be served either —
(a)
by delivering it to the person on whom it is to be served; or
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(b)
by leaving it at the usual or last-known place of abode of that person; or
(c)
by sending it by post in a registered letter addressed to that person at his usual or last-known place of abode;
as well as in any other manner provided in the arbitration agreement.
(5)
Where the High Court —
(a)
orders that an award be set aside; or
(b)
orders, after the commencement of an arbitration, that the arbitration agreement 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 prescribed by this Act or by any other written law relating to limitation for the commencement of proceedings (including arbitration) with respect to the dispute referred.
(6)
This section shall apply to an arbitration under an Act as well as to an arbitration pursuant to an arbitration agreement.
Subsections (3) and (4) 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 byelaws made under the Act as relate to the arbitration.
(7)
In this section —
(a)
“arbitration”, “arbitration agreement” and “award” have the same meanings as in Parts I, II and III of the Arbitration Act (Chapter 173); and
(b)
references to any other written law relating to limitation are references to any other written law relating to the limitation of actions, whether passed before or after the date of coming into force of this Act.
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New claims in pending actions : rules of court.