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Law library · Sierra Leone · The Arbitration Act, 2022

Section 26, The Arbitration Act, 2022

Status not yet checkedThe Arbitration Act, 2022, Sierra Leone

(1) Where an arbitration agreement to refer future disputesto arbitration provides that a claim shall be barred or the claimant's right extinguished, unless the claimant takes, within a time fixed by the arbitration agreement, some step to begin - (a) arbitral proceedings; or (b) other dispute resolution procedures which must be exhausted before arbitral proceedings can begin, the Centre or other appointing authority may by order extend the time for taking that step. (2) A party to an arbitration agreement may apply for an order under subsection (1), upon notice to the other parties. (3) The Court shall make an order under subsection (1), only if satisfied that- (a) the circumstances are such as were outside the reasonable contemplation of the parties when they agreed the provision in question and that it would be just to extend time; or Extension of time for beginning (2) The party requiring the appointment of an emergency arbitrator, shall provide sufficient copies of the application so as to provide one copy for the arbitral institution or the Court, as the case may be, one copy for the emergency arbitrator and one copy for each party. (3) An application for an emergency arbitrator may contain such other documents or information as the applicant considers appropriate or as may contribute to the efficient examination of the application and unless the parties agree otherwise, the application shall include - (a) a statement of the emergency relief sought; (b) the name in full, description, address and other contact details of each of the parties; (c) a description of the circumstances giving rise to the application and of the underlying dispute referred to arbitration; (d) the reasons why the applicant needs the emergency relief on an urgent basis that cannot await the constitution of an arbitral tribunal; (e) the reasons why the applicant is entitled to such emergency relief; and (f) any relevant agreement and, in particular, the arbitration agreement. (4) Where an arbitral institution or Court determines that it should accept an application for the appointment of an emergency arbitrator, it shall, unless the parties otherwise agree, appoint an emergency arbitrator within 2 working days after the date the application is received. (b) the conduct of one party makes it unjust to hold the other party to the strict terms of the provision in question. (4) The Court may extend the time for such period and on such terms as it thinks fit and may do so whether or not the time previously fixed by agreement or by a previous order has expired. (5) An order under subsection (1), does not affect the operation of the Limitation Act, 1961 or any other applicable limitation statute (6) The leave of the Court is required for an appeal from a decision of the Court under this section. PART VI - JURISDICTION OF ARBITRAL TRIBUNAL

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