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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