Part 4 General provisions

Arbitrations, special defences, and contracting out

39 Application of limitation enactments to arbitrations

(1)

Arbitration means an arbitration under an arbitration agreement or under an enactment, and limitation enactments means this Act and any other enactment relating to the limitation of claims.

(2)

Limitation enactments apply to claims made in arbitrations as they apply to claims made in a civil proceeding commenced in a specified court or tribunal.

(3)

An arbitration must, for the purposes of a limitation enactment, be treated as being commenced in the same manner as provided in Article 21 of Schedule 1 of the Arbitration Act 1996.

(4)

If the High Court orders that an award be set aside, it may also order that the period between the commencement of the arbitration and the date of the setting aside order must be excluded in computing the time prescribed by a limitation enactment for the commencement of civil proceedings (including arbitration) with respect to the dispute referred.

Compare: 1950 No 65 s 29