860
c. 37
1950 c. 27.
Merchant Shipping (Liner Conferences) Act 1982
(2) Proceedings arising out of a dispute to which Article 23, paragraph 2 applies (disputes to be resolved within the frame- work of the national jurisdiction concerned) shall not be enter- tained by the court except as permitted by that paragraph.
(3) The court shall stay proceedings before it if on the appli- cation of a party to the proceedings, made after appearance but before delivering any pleadings or taking any other steps in the proceedings, it is shown that the proceedings arise out of a dispute to which Article 23, paragraph 4 applies and that--
(a) the dispute has not been referred to conciliation in accordance with that paragraph or has been so referred and conciliation proceedings are still in progress; or (b) the parties to the dispute have made an agreement to which Article 25, paragraph 1 applies (agreed pro- cedures in lieu of conciliation) which is capable of being, or has been, performed.
(4) The court may attach to a stay granted under subsection (3) such conditions as appear to it appropriate, in particular conditions with respect to the institution or prosecution of con- ciliation or other proceedings; and the court may remove a stay granted under that subsection if any such condition is not com- plied with or if at any time it appears to the court that the circumstances are such that a new application for the stay would not be granted.
(5) In relation to an arbitration agreement to which Article 25, paragraph 1 applies, subsections (3) and (4) apply in place of section 4(1) of the Arbitration Act 1950, section 4 of the 1937 c. 8 (N.I.). Arbitration Act (Northern Ireland) 1937 and section 1(1) of the Arbitration Act 1975 (which also provide for the staying of legal proceedings).
1975 c. 3.
Time for
proceedings.
(6) In the application of this section to Scotland, for the references to staying proceedings substitute references to sisting proceedings.
8. (1) No legal proceedings arising out of a dispute relating bringing legal to the application or operation of the Code shall be brought in the United Kingdom after the end of the period of two years from the date on which the cause of action accrued or, if later, the end of the period of six months from the date on which conciliation proceedings relating to the dispute were completed or abandoned.
1980 c. 38.
(2) In England and Wales the following provisions of the Limitation Act 1980 apply to the limitation period prescribed by
Merchant Shipping (Liner Conferences) Act 1982
c. 37
861
subsection (1) as they apply to the limitation periods prescribed by that Act-
(a) section 28(1) (extension of period in case of legal dis- ability), but with the substitution of two years" for
six years";
(b) section 32(1) (postponement of period in case of fraud,
concealment or mistake);
(c) section 35 (application to new claims in pending actions).
(3) In Scotland section 6(4) of the Prescription and Limitation 1973 c. 52. (Scotland) Act 1973 (extension of prescriptive period in case of fraud, error or legal disability) applies to the limitation period prescribed by subsection (1) as it applies to the prescriptive period mentioned in section 6(1) of that Act.
(4) In Northern Ireland the following provisions of the Statute 1958 c. 10 of Limitations Act (Northern Ireland) 1958 apply to the limita- (N.I.). tion period prescribed by subsection (1) as they apply to the limitation periods prescribed by that Act-
(a) section 2 (application to new claims in pending actions); (b) section 50(1) (extension of period in case of legal dis- ability), but with the substitution of two years" for
six years";
44
(c) section 70(1) (postponement of period in case of fraud,
concealment or mistake).
9.--(1) Where a recommendation of conciliators has become Recognition binding as between two or more parties in accordance with and Article 37, then, subject to subsection (2)—
enforcement of recommenda-
(a) it shall be recognised in the United Kingdom as con- tions, etc. of
clusive as between those parties of the dispute to which conciliators. it relates; and
(b) any of those parties may apply to have the recommenda- tion registered for enforcement in the High Court or the Court of Session.
(2) A recommendation shall not be so recognised or enforced if it is affected by any of the matters mentioned in sub-para- graphs (a) to (d) of Article 39. paragraph 2 (disability, fraud, coercion, public policy or irregularity of composition or proce- dure of the conciliators), unless the affected part can be severed as mentioned in Article 39, paragraph 3 and the remainder of the recommendation recognised and enforced.
(3) Where the costs to be borne by a party to conciliation proceedings in accordance with Article 43, paragraph 1 (costs of the conciliation and its administration) have been determined, the person to whom those costs are to be paid may apply to have
Page 60Page 61