s.9Stay of legal proceedings
9
Section 9Part 3 — STAY OF LEGAL PROCEEDINGS

Stay of legal proceedings

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Where a party to an arbitration agreement institutes proceedings in a court against another party to that agreement in respect of any matter which is the subject of the agreement, either party to the agreement may, at any time after the acknowledgement of service and before delivering any pleading or taking any step in the proceedings to answer the substantive claim, apply to a court to stay the proceedings so far as the proceedings relate to that matter.
The court to which an application has been made in accordance with subsection (1) shall grant a stay unless it is satisfied that the arbitration agreement is null and void, inoperative, or incapable of being performed.
Where a court stays proceedings in accordance with subsection (2), the court may, for the purpose of preserving the rights of parties, make an interim order as the court thinks fit in relation to any property that is or forms part of the subject of the dispute to which the order under that subsection relates.

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