Section 25, The Arbitration Act, 2022

(1) A notice or proposal may be transmitted by a meansof communication that provides or allows for a record of its transmission. (2) Where an address has been designated by a party specifically for this purpose or authorised by the arbitral tribunal, notice, including notice by electronic means such as facsimile or email, shall be delivered to that party at that address and if so delivered shall be deemed to have been received. (3) In the absence of such designation or authorization under subsection (2), a notice is - (a) received if it is physically delivered to the addressee; or (b) deemed to have been received if it is delivered at the place of business, habitual residence or mailing address of the addressee. (4) Where, after reasonable efforts, delivery cannot be effected in accordance with subsections (2) or (3), a notice is deemed to have been received if it is sent to the addressee's last-known place of business, habitual residence or mailing address by registered letter or any other means that provides a record of delivery or of attempted delivery. (5) A notice shall be deemed to have been received on the day it is delivered in accordance with subsections (2), (3) or (4), or attempted to be delivered in accordance with subsection (4) and a Transmission of notice and calculating period of time. (4) Where a sole arbitrator's appointment is successfully challenged he shall cease to be the arbitrator for the case. (5) Where the challenge of an arbitrator is from both parties, the appointing authority shall replace the arbitrator. PART V - COMMENCEMENT OF ARBITRATION 23. (1) A party wishing to have recourse to arbitration under this Act, shall send a Notice of Arbitration to the other party. (2) Unless otherwise agreed by the parties, an arbitral proceedings in respect of a particular dispute shall commence on the date on which a Notice of Arbitration under subsection (1), is received by the respondent. (3) A Notice of Arbitration shall include - (a) a demand that the dispute be referred to (b) the names and contact details of the parties; (c) the arbitration agreement that is invoked; (d) other relevant clauses of the contract or other legal instrument out of or in relation to which the dispute arises or, in the absence of such contract or instrument, a brief description of the relevant relationship; (e) a brief description of the claim and an indication of the amount involved; (f) the relief or remedy sought; (g) a proposal as to the number of arbitrators, language and place of arbitration, if the parties have not previously agreed thereon. (4) The Notice of Arbitration may also include - a) a proposal for the appointment of a sole (b) notification of the appointment of an (5) The constitution of an arbitral tribunal shall not be hindered by a controversy with respect to the sufficiency of the Notice of Arbitration. 24. (1) Within 30 days of the receipt of a Notice of Arbitration, the respondent shall communicate to the claimant, a response to the Notice of Arbitration, which shall include - (a) the name and contact details of each respondent; (b) a response to the information set out in the Notice of Arbitration, under subsection (1) of section 23; (c) a brief description of counterclaims or claims for the purpose of a set-off, including, where relevant, an indication of the amounts involved and the relief or remedy sought; (2) The response to the Notice of Arbitration may also include - (a) a plea that an arbitral tribunal to be constituted under this Act lacks jurisdiction; (b) a proposal for the appointment of a sole (c) notification of the appointment of an 18 19 Notice of Arbitration. Response to Notice of Arbitration. notice transmitted by electronic means is deemed to have been received on the day it is sent, except that a notice of arbitration so transmitted is only deemed to have been received on the day when it reaches the addressee's electronic address. (6) For the purpose of calculating a period of time under this Part, such period shall begin to run on the day following the day when a notice is received, if the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows and official holidays or non-business days occurring during the running of the period of time are ncluded in calculating the period.