8
In forceArbitration agreement and substantive claim before court (cf Model Law Art 8)
Part 2Arbitration agreement
8 Arbitration agreement and substantive claim before court (cf Model Law Art 8)
(1)
A court before which an action is brought in a matter which is the subject of an arbitration agreement must, if a party so requests not later than when submitting the party’s first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed.
(2)
Where an action referred to in subsection (1) has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court.
This Act’s bill:Explanatory memorandumSecond reading speech
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