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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. No. 18 The Arbitration Act 2022No. 18 The Arbitration Act 202266 67 (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. No. 18 The Arbitration Act 2022No. 18 The Arbitration Act 2022 69 (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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