LIMITATION ACT 1985 - SECT 17 Arbitral award

LIMITATION ACT 1985 - SECT 17

    (1)     An action on a cause of action to enforce an award of an arbitrator is not maintainable if brought after the end of the limitation period fixed by subsection (2) running from the date when the cause of action first accrues to the plaintiff or to a person through whom he or she claims.

    (2)     The limitation period for subsection (1) is—

        (a)     if the award is made under an arbitration agreement and the arbitration agreement is made by deed—12 years; and

        (b)     in any other case—6 years.

    (3)     For this section, a cause of action to enforce an award of an arbitrator accrues on the date when default first happens in observance of the award, being the default in relation to which the action is brought.

    (4)     In this section:

"arbitration agreement" means an agreement to submit present or future differences to arbitration, whether an arbitrator is named in the agreement or not.

    (5)     This section applies to an award of an arbitrator under any law, order or scheme in force in the ACT, but applies to such an award subject to the provisions of the relevant law, order or scheme.