Law library · Sierra Leone · The Arbitration Act, 2022
Section 92, The Arbitration Act, 2022
Status not yet checkedThe Arbitration Act, 2022, Sierra Leone
(1) The Court shall not exercise its power to extend a timelimit unless it is satisfied that -
(a) any available recourse to an arbitral tribunal,
or to an arbitral or other institution or person
vested by the parties with power in that
regard, has first been exhausted; and
(b) a substantial injustice would otherwise be
done.
(2) The Court's power under this section may be exercised
whether or not the time has already expired.
Extension of
time limits
relating to
Reckoning
periods of
time.
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(c) there has been a failure to comply with the
arbitration agreement or with any provision
of this Act; or
(d) there has been any other irregularity affecting
the arbitral tribunal or the arbitral
proceedings, that party shall not raise that objection later, before the
arbitral tribunal or the Arbitral tribunal, unless he shows that, at the
time he took to take part in the arbitral proceedings, he did not know
and could not with reasonable diligence have discovered the grounds
for the objection.
(2) Where an arbitral tribunal rules that it has substantive
jurisdiction and a party to arbitral proceedings who could have
questioned that ruling by -
(a) an available arbitral process of appeal or
review, or
(b) challenging the arbitral award,
does not do so or does not do so within the time allowed by the
arbitration agreement or this Act, he shall not object later to the
arbitral tribunal's substantive jurisdiction on any ground which was
the subject of that ruling.
89. (1) An arbitral tribunal or other institution or person
designated by the parties to appoint or nominate an arbitrator shall
not be liable for anything done or omitted in the discharge or purported
discharge of that function unless the act or omission is shown to
have been in bad faith.
(2) An arbitral tribunal or other institution or person by
whom an arbitrator is appointed or nominated shall not be liable, by
reason of having appointed or nominated him, for anything done or
omitted by the arbitrator, or its employees or agents, in the discharge
or purported discharge of its functions as arbitrator.
Immunity of
institutions,
etc.
(3) Subsections (1) and (2) shall apply to an employee or
agent of an arbitral or other institution or person as they apply to the
institution or person himself.
90. (1) The parties to an arbitral proceeding may agree on
the manner of service of a notice or other document required or
authorised to be given or served in pursuance of the arbitration
agreement or for the purposes of the arbitral proceedings.
(2) Where or to the extent that there is no agreement
between the parties to an arbitral proceeding on the manner of service
or the service of a notice or a document in the manner agreed by the
parties is not reasonably practicable, a notice or other document
shall be treated as effectively served if delivered -
(a) by post to the addressee or last known
principal residence;
(b) to his last known principal business address,
if he is or has been carrying on a trade,
profession or business; or
(c) to his registered or principal office, where the
addressee is a body corporate.
(3) Unless otherwise agreed by the parties, on application
by a party or on its own initiative, an arbitral tribunal may make such
order as it thinks fit for service in such manner as it may direct.
(4) This section shall not apply to communications in
legal proceedings.
(5) Reference in this Act to a notice or other document
include any form of communication in writing and a reference to
giving or serving a notice or other document shall be construed
accordingly.
Service of
notices and
other
documents.
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(3) An order under this section may be made on such
terms as the Court thinks fit.
(4) The decision of the Court shall be final and not subject
to appeal.
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