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The Limitation (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Application of Order and other limitation provisions to arbitrations

72.—(1) This Order and any other limitation provision apply to arbitrations as they apply to actions.

(2) Notwithstanding any term in an arbitration agreement to the effect that no cause of action is to accrue in respect of any matter required by the agreement to be referred until an award is made under the agreement, a cause of action is, for the purposes of this Order and of any other limitation provision (whether in their application to arbitrations or to other proceedings), to be treated as having accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement.

(3) For the purposes of this Order and of any other limitation provision, an arbitration is to be treated as being commenced when—

(a)one party to the arbitration serves on the other party or parties a written notice requiring him or them to appoint or concur in appointing an arbitrator, or

(b)where the arbitration provides that the reference is to be to a person named or designated in the agreement, when one party to the arbitration serves on the other party or parties a notice requiring him or them to submit the dispute to the person so named or designated.

(4) A notice under paragraph (2) may be served in any manner specified in section 24 of the Interpretation Act (Northern Ireland) 1954(1) as well as in any other manner provided for in the arbitration agreement.

(5) Where the High Court—

(a)orders that an award be set aside; or

(b)after the commencement of an arbitration, orders that the arbitration agreement is to cease to have effect with respect to the dispute referred,

the Court may further order that the period between the commencement of the arbitration and the date of the order of the Court is to be excluded in computing the time limit fixed by this Order or any other limitation provision for the commencement of proceedings (including arbitration) with respect to the dispute referred.

(6) For the purposes of any case to which Article 3 of the Foreign Limitation Periods (Northern Ireland) Order 1985(2) applies, the reference in paragraph (4) to the time fixed by a limitation provision applies is a reference to the time limit (if any) applicable by virtue of that Article.

(7) This Part applies to an arbitration under a statutory provision as well as to an arbitration pursuant to an arbitration agreement, and paragraphs (2) and (3) have effect, in relation to an arbitration under a statutory provision, as if for the references to the arbitration agreement there were substituted references to such of the provisions of the statutory provision or of any order, scheme, rules, regulations or bye-laws made thereunder as relate to the arbitration.

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