Section 13Part 4 — COMMENCEMENT OF ARBITRATION
Powers of court to extend time for beginning of arbitration proceedings
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Where the terms of an arbitration agreement to refer future disputes to arbitration provide that a claim to which the arbitration agreement applies shall be barred unless —
some step has been taken to begin other dispute resolution procedures that must be exhausted before arbitration proceedings can be begun;
notice to appoint an arbitrator is given;
an arbitrator is appointed; or
some other step is taken to commence arbitration proceedings,
within a time fixed by the agreement, and a dispute to which the agreement applies has arisen, the court may, if it is of the opinion that in the circumstances of the case undue hardship would otherwise be caused, extend the time stipulated in the agreement on such terms as the court thinks fit.
An order of extension of time made by the court under subsection (1) —
may be made only after any available arbitral process for obtaining an extension of time has been exhausted;
may be made notwithstanding that the time so fixed has expired; and
shall not affect the operation of —
section 12;
section 14; or
any other law relating to the limitation of actions.
Cross References
- Section 12 of Arbitration Act
section 12
- Section 14 of Arbitration Act
section 14