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Commercial Arbitration Act 1984 - SECT 53 Power to stay court proceedings

This legislation has been repealed.

Commercial Arbitration Act 1984 - SECT 53

Power to stay court proceedings

53. Power to stay court proceedings



(1) If a party to an arbitration agreement commences proceedings in a court
against another party to the arbitration agreement in respect of a matter
agreed to be referred to arbitration by the agreement, that other party may,
subject to subsection (2), apply to that court to stay the proceedings and
that court, if satisfied-

   (a)  that there is no sufficient reason why the matter should not be
        referred to arbitration in accordance with the agreement; and

   (b)  that the applicant was at the time when the proceedings were commenced
        and still remains ready and willing to do all things necessary for the
        proper conduct of the arbitration-

may make an order staying the proceedings and may further give such directions
with respect to the future conduct of the arbitration as it thinks fit.

(2) An application under subsection (1) shall not, except with the leave of
the court in which the proceedings have been commenced, be made after the
applicant has delivered pleadings or taken any other step in the proceedings
other than the entry of an appearance.

(3) Notwithstanding any rule of law to the contrary, a party to an arbitration
agreement shall not be entitled to recover damages in any court from another
party to the agreement by reason that that other party takes proceedings in a
court in respect of the matter agreed to be referred to arbitration by the
arbitration agreement.