LIMITATION OF ACTIONS ACT 1958 - SECT 28 Application of Act to arbitrations

LIMITATION OF ACTIONS ACT 1958 - SECT 28

    (1)     This Act shall apply to arbitrations in like manner as it applies to actions.

S. 28(2) amended by No. 10167 s. 3(1).

    (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 arbitration agreement to be referred to arbitration until an award is made under the arbitration agreement, the cause of action shall for the purpose of this Act (whether in its 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 arbitration agreement.

S. 28(3) amended by No. 10167 s. 3(1), substituted by No. 50/2011 s. 46(Sch. item 11.2).

    (3)     For the purposes of this Act—

        (a)     an arbitration in accordance with an arbitration agreement is taken to be commenced on the date agreed by the parties to the arbitration agreement or the date specified in the Commercial Arbitration Act 2011 ;

        (b)     an arbitration under an Act of Parliament is taken to be commenced when one party to the arbitration serves on the other party or parties a notice requiring the other party or parties—

              (i)     to appoint an arbitrator or to agree to the appointment of an arbitrator; or

              (ii)     if the Act, or a subordinate instrument made under the Act, provides that the reference is to be made to a named or designated person, to submit the dispute to that person.

S. 28(4) amended by Nos 10167 s. 3(1), 50/2011 s. 46(Sch. item 11.3).

    (4)     A notice under subsection (3)(b) may be served—

        (a)     by delivering it to the person on whom it is to be served; or

        (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 by or under the Act of Parliament.

    (5)     Where a 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 prescribed by this Act for the commencement of proceedings (including arbitration) with respect to the dispute referred.

S. 28(6) amended by Nos 10167 s. 3(1), 50/2011 s. 46(Sch. item 11.4).

    (6)     This section shall apply to an arbitration under an Act of Parliament as well as to an arbitration pursuant to an arbitration agreement.

No. 5914 s. 29.