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.
PART IV
COMMENCEMENT OF ARBITRATION PROCEEDINGS
Commencement of arbitration proceedings
9. Unless otherwise agreed by the parties, the arbitration proceedings in respect of a particular dispute shall commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
Powers of Court to extend time for beginning of arbitration proceedings
10.—(1) 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—
- (a) some step has been taken to begin other dispute resolution procedures which must be exhausted before arbitration proceedings can be begun;
- (b) notice to appoint an arbitrator is given;
- (c) an arbitrator is appointed; or
- (d) 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 for such period and on such terms as the Court thinks fit.
(2) An order of extension of time made by the Court under subsection (1)—
- (a) may be made only after any available arbitral process for obtaining an extension of time has been exhausted;
- (b) may be made notwithstanding that the time so fixed has expired; and
