(3) Despite any term in an arbitration agreement to the effect that no cause of action may accrue in respect of any matter required by the agreement to be submitted to arbitration until an award is made under the agreement, the cause of action is, for the purposes of the limitation enactments (whether in their application to arbitrations or to other proceedings), deemed to accrue in respect of that matter at the time when it would have accrued but for that term.
(4) If a court orders that an award is to be set aside, the period between—
- (a) the commencement of the arbitral proceedings; and
- (b) the date of the order of the court setting aside the award, must be excluded in computing the time prescribed by a limitation enactment for the commencement of proceedings (including arbitral proceedings) with respect to the matter submitted to arbitration.
15. Reference of interpleader issue to arbitration by court
(1) If—
- (a) relief by way of interpleader is granted by a court; and
- (b) there is an arbitration agreement between the claimants in the interpleader proceedings in respect of any issue between those claimants,
the court granting the relief must, subject to subsection (2), direct that the issue is to be determined in accordance with the agreement.
(2) The court may refuse to make a direction under subsection (1) if the circumstances are such that legal proceedings brought by a claimant in respect of the issue would not be stayed.
(3) If the court refuses to make a direction under subsection (1), any provision of the arbitration agreement that an award is a condition precedent to the bringing of legal proceedings in respect of the issue does not affect the determination of the issue by the court.
(4) A direction of the court under subsection (1) is not subject to appeal.
(5) The leave of the court making a decision under subsection (2) is required for any appeal from that decision.
16. Proceedings to be heard otherwise than in open court
(1) Subject to subsection (2), proceedings under this Ordinance in the court are to be heard otherwise than in open court.
