Law library · Sierra Leone · The Arbitration Act, 2022
Section 60, The Arbitration Act, 2022
Status not yet checkedThe Arbitration Act, 2022, Sierra Leone
(1) An arbitral proceeding is terminated by the finalaward or by an order of the arbitral tribunal in accordance with
subsection (2).
(2) An arbitral tribunal shall issue an order for the
termination of an arbitral proceedings where -
(a) a claimant withdraws his claim, unless the
respondent objects thereto and the arbitral
tribunal recognises a legitimate interest on
his part in obtaining a final settlement of the
dispute;
Form and
contents of
Termination
o f
enter a premises in the possession or
control of a party to an arbitration;
(d) the sale of any goods the subject of the
arbitral proceedings;
(e) the granting of an interim injunction or the
appointment of a receiver.
(2) Where the case is one of urgency, the Court -
(a) may, on the application of a party or proposed
party to the arbitral proceedings, make such
orders as it thinks necessary for the purpose
of preserving evidence or assets;
(b) shall act only on the application of a party to
the arbitral proceedings, upon notice to the
other parties and to the arbitral tribunal, made
with the permission of the arbitral tribunal or
the agreement in writing of the other parties.
(3) The Court shall act only if or to the extent that the
arbitral tribunal and any arbitral or other institution or person vested
by the parties with power make such order, has no power or is unable
for the time being to act effectively.
(4) Where the Court so orders, an order made by it under
this section shall cease to have effect in whole or in part on the order
of an arbitral tribunal or of any such arbitral or other institution or
person having power to act in relation to the subject-matter of the
order.
PART X - MAKING OF AWARD AND TERMINATION OF
PROCEEDINGS
56. (1) An arbitral tribunal shall decide a dispute in
accordance with such rules of law as are chosen by the parties as
applicable to the substance of the dispute and any designation of
the law or legal system of a given State shall be construed, unless
otherwise expressed, as directly referring to the substantive law of
that State and not to its conflict of law rules.
(2) Failing a designation by the parties, an arbitral tribunal
shall apply the law determined by the conflict of law rules which it
considers applicable.
(3) An arbitral tribunal shall decide ex aequo et bono or
as amiable compositeur only if the parties have expressly authorised
it to do so.
(4) In all cases, an arbitral tribunal shall decide in
accordance with the terms of the contract and shall take into account
the usages of the trade applicable to the transaction.
57. In an arbitral proceeding with more than one arbitrator, a
decision of the arbitral tribunal shall be made, unless otherwise agreed
by the parties, by a majority of all its members and questions of
procedure may be decided by a presiding arbitrator, if so authorised
by the parties or all members of the arbitral tribunal.
58. (1) Where during an arbitral proceeding the parties settle
the dispute, the arbitral tribunal shall terminate the proceedings and
if requested by the parties and not objected to by the arbitral tribunal,
record the settlement in the form of an arbitral award on agreed terms.
(2) An award on agreed terms under subsection (1), shall
be made in accordance with section 60, shall state that it is an award
and that the award has the same status and effect as any other award
on the merits of the case.
42 43
Rules
applicable to
substance of
dispute.
Decisionmaking by
panel of
Settlement.
(b) the parties agree on the termination of the
proceedings;
(c) the arbitral tribunal finds that the
continuation of the proceedings has for any
other reason become unnecessary or
impossible.
(3) The mandate of an arbitral tribunal terminates with
the termination of the arbitral proceedings, subject to section 61 or
subsection (5) of section 63.
Read the whole lawDownload PDFAsk Tima what this means
Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.