1982 Ed.]
Arbitration
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Miscellaneous
29. Where the terms of an agreement to refer future disputes to arbitration provide that any claims to which the agreement applies shall be barred unless notice to appoint an arbitrator is given or an arbitrator is appointed or some other step to commence arbitration proceedings is taken within a time fixed by the agreement, and a dispute arises to which the agreement applies, the Court, if it is of opinion that in the circumstances of the case undue hardship would otherwise be caused, and notwithstanding that the time so fixed has expired, may, on such terms, if any, as the justice of the case may require, but without prejudice to the provisions of any enactment limiting the time for the commencement of arbitration proceedings, extend the time for such period as it thinks proper.
29A. (1) In every arbitration agreement, unless the contrary be expressly provided therein, there is an implied term that in the event of a difference arising which is capable of settlement by arbitration it shall be the duty of the claimant to exercise due diligence in the prosecution of his claim.
(2) Where there has been undue delay by a claimant in instituting or prosecuting his claim pursuant to an arbitration agreement, then, on the application of the arbitrator or umpire or of any party to the arbitration proceedings, the Court may make an order terminating the arbitration proceedings and prohibiting the claimant from commencing further arbitration proceedings in respect of any matter which was the subject of the terminated proceedings.
(3) The Court shall not make an order under subsection (2) unless it is satisfied that--
(a) the delay has been intentional and contumelious; or
(b) (i) there has been inordinate and inexcusable delay on
the part of the claimant or his advisers; and
(ii) that such delay will give rise to a substantial risk that it is not possible to have a fair trial of the issues in the arbitration proceedings or is such as is likely to cause or to have caused serious prejudice to the other parties to the arbitration proceedings either as between themselves and the claimant or between each other or between them and a third party.
(4) A decision of the Court under subsection (2) shall be deemed to be a judgment of the Court within the meaning of section 14 of the Supreme Court Ordinance (appeals to the Court of Appeal) but no appeal shall lie from such a decision unless the Court or the Court of Appeal gives leave.
(Added, 10 of 1982, s. 11)
30. Any order made under this Part may be made on such terms as to costs or otherwise (including, in the case of an order under section 29, an order as to the costs of the arbitration proceedings).
Power of Court to extend time for commencing arbitration proceedings.
1950 c. 27, s. 27.
Delay in prosecuting claims.
(Cap. 4.)
Terms as to costs, etc.
1950 c. 27, s. 28.
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