Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 28

PART III GENERAL

Application of Act to arbitrations

28. Application of Act to arbitrations



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

(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.

(3) For the purposes of this Act an arbitration shall be deemed to be
commenced 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, where the arbitration agreement provides
that the reference shall be to a person named or designated in the arbitration
agreement, requiring him or them to submit the dispute to the person so named
or designated.

(4) Any such notice as aforesaid 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 in the arbitration agreement.

(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.

(6) This section shall apply to an arbitration under an Act of Parliament as
well as to an arbitration pursuant to an arbitration agreement, and
subsections (3) and (4) hereof 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 by-laws made thereunder as relate to the
arbitration.