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Contents  

Long Title

Part I PRELIMINARY

Part II ARBITRATION AGREEMENT

Part III STAY OF LEGAL PROCEEDINGS

Part IV COMMENCEMENT OF ARBITRAL PROCEEDINGS

Part V ARBITRAL TRIBUNAL

Part VI JURISDICTION OF ARBITRAL TRIBUNAL

Part VII ARBITRAL PROCEEDINGS

Part VIII AWARD

Part IX POWERS OF COURT IN RELATION TO AWARD

Part X MISCELLANEOUS

Legislative History

Comparative Table

 
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On 25/11/2017, you requested the version in force on 25/11/2017 incorporating all amendments published on or before 25/11/2017. The closest version currently available is that of 01/08/2016.
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PART III
STAY OF LEGAL PROCEEDINGS
Stay of legal proceedings
6.
—(1)  Where any party to an arbitration agreement institutes any proceedings in any court against any other party to the agreement in respect of any matter which is the subject of the agreement, any party to the agreement may, at any time after appearance and before delivering any pleading or taking any other step in the proceedings, apply to that court to stay the proceedings so far as the proceedings relate to that matter.
(2)  The court to which an application has been made in accordance with subsection (1) may, if the court is satisfied that —
(a)
there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement; and
(b)
the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration,
make an order, upon such terms as the court thinks fit, staying the proceedings so far as the proceedings relate to that matter.
(3)  Where a court makes an order under subsection (2), the court may, for the purpose of preserving the rights of parties, make such interim or supplementary orders as the court thinks fit in relation to any property which is or forms part of the subject of the dispute to which the order under that subsection relates.
(4)  Where no party to the proceedings has taken any further step in the proceedings for a period of not less than 2 years after an order staying the proceedings has been made, the court may, on its own motion, make an order discontinuing the proceedings without prejudice to the right of any of the parties to apply for the discontinued proceedings to be reinstated.
(5)  For the purposes of this section, a reference to a party includes a reference to any person claiming through or under such party.
Court’s powers on stay of proceedings
7.
—(1)  Where a court stays proceedings under section 6, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest, order that —
(a)
the property arrested be retained as security for the satisfaction of any award made on the arbitration; or
(b)
the stay be conditional on the provision of equivalent security for the satisfaction of any such award.
(2)  Subject to the Rules of Court and to any necessary modification, the same law and practice shall apply in relation to property retained in pursuance of an order under this section as would apply if it were held for the purposes of proceedings in the court which made the order.
Reference of interpleader issue to arbitration
8.  Where in proceedings before any court relief by way of interpleader is granted and any issue between the claimants is one in respect of which there is an arbitration agreement between them, the court granting the relief may direct the issue between the claimants to be determined in accordance with the agreement.