Arbitration Act 2001 · 2020 Revised Edition · Part 4 · Commencement of Arbitral Proceedings
10. Powers of Court to extend time for beginning of arbitral proceedings
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Where the terms of an arbitration agreement to refer future disputes to arbitration provide that a claim to which the arbitration agreement applies is barred unless —
arbitration agreement
“arbitration agreement” means an arbitration agreement mentioned in section 4;
some step has been taken to begin other dispute resolution procedures which must be exhausted before arbitral proceedings can be begun;
notice to appoint an arbitrator is given;
an arbitrator is appointed; or
some other step is taken to commence arbitral proceedings,within a time fixed by the agreement and a dispute to which the agreement applies has arisen, the Court may, if it is of the opinion that in the circumstances of the case undue hardship would otherwise be caused, extend the time for such period and on such terms as the Court thinks fit.
An order of extension of time made by the Court under subsection (1) —
may be made only after any available arbitral process for obtaining an extension of time has been exhausted;
may be made even though the time so fixed has expired; and
does not affect the operation of section 9 or 11 or any other written law relating to the limitation of actions.