Northern Territory Consolidated Acts

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LIMITATION ACT - SECT 18

Enforcement of award of arbitrator

18. Enforcement of award of arbitrator

(1) In this section arbitration agreement means an agreement containing a clause requiring the submission of present or future differences between the parties to arbitration, whether or not -

(a) an arbitrator is named in the agreement; or

(b) the differences arise under the same or a collateral agreement between the parties,

and includes an Act or an instrument of a legislative or administrative character where the Act or instrument provides for the submission of differences between parties to arbitration.

(2) In the case of an arbitration agreement constituted by an Act or an instrument of a legislative or administrative character, and subject to the provisions of that Act or instrument, an action to enforce the award of an arbitrator made under an arbitration agreement is not maintainable after the expiration of a limitation period -

(a) where the award is made under an arbitration agreement made by deed - of 12 years; and

(b) in any other case - of 3 years,

from the date upon which the right to enforce the award first accrued to the plaintiff or a person through whom he claims.

(3) For the purposes of this section, the right to enforce an award accrues on the date on which default first happens in observance of the award, being the default in respect of which the action is brought.



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