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Section 94, The Arbitration Act, 2022

Status not yet checkedThe Arbitration Act, 2022, Sierra Leone

(1) The Arbitration Act, Cap. 25 of the Laws of Sierra Leone is hereby repealed. (2) Notwithstanding the repeal of Cap. 25 of the Laws of Sierra Leone, all awards, orders, appointments, and agreements made or notices issued under the repealed enactment before the commencement of this Act shall be enforced as if this Act had not been enacted. (3) This Act shall - (a) apply to arbitral proceedings commenced on or after the commencement of this Act under an arbitration agreement whether made before or after the commencement of this Act; (b) not apply to arbitral proceedings commenced before the commencement of this Act, unless the parties have agreed otherwise. Matters governed by common law. Repeal and savings. (b) deemed to have been received if it is delivered at the place of business, habitual residence or mailing address of the addressee. If, after reasonable efforts, delivery cannot be effected in accordance with paragraphs 2 or 3, a notice is deemed to have been received if it is sent to the addressee's last-known place of business, habitual residence or mailing address by registered letter or any other means that provides a record of delivery or of attempted delivery. A notice shall be deemed to have been received on the day it is delivered in accordance with paragraphs 2, 3 or 4, or attempted to be delivered in accordance with paragraph 4. A notice transmitted by electronic means is deemed to have been received on the day it is sent, except that a request for arbitration so transmitted is only deemed to have been received on the day when it reaches the addressee's electronic address. For the purposes of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice, notification, communication or proposal is received. If the last day of such period is an official holiday or non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period. Written communication requesting arbitration Article 3 The party initiating recourse to arbitration (hereinafter called the "claimant") shall give to the other party (hereinafter called the "respondent") a written communication containing a request for the dispute to be referred to arbitration (the "written communication" or the "request"). Arbitral proceedings shall be deemed to commence on the date on which the written communication is received by the respondent. No. 18 The Arbitration Act 2022No. 18 The Arbitration Act 202270 71 (4) In any agreement in writing or other document, a reference to arbitration under the Arbitration Act (Cap 25) shall, so far as relevant and unless a contrary intention appears, be construed to mean a reference to arbitration under this Act. (5) Where arbitral proceedings were commenced before the commencement of this Act, the Arbitration Act (Cap 25) shall be applicable as if this Act had not been enacted. (6) For the purposes of this section, an arbitral proceedings shall be deemed to have commenced on the date the parties have agreed the arbitral proceedings should be commenced or, failing such agreement, on the date of commencement of arbitral proceedings calculated under subsection (6) of section 25.

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