33Application of Act to arbitration

33 Application of Act to arbitration

(1)  This Act applies to arbitrations in like manner as it applies to actions in the Supreme Court.

(2)  *[Section 33 Subsection (2) amended by No. 91 of 1986, s. 3 and Sched. 1 ]*Notwithstanding any term in an arbitration agreement to the effect that no cause of action shall accrue in respect of any matter required by the arbitration agreement to be referred to arbitration until an award is made under the arbitration agreement, the cause of action shall for the purpose of this Act (whether in its application to arbitrations or to other proceedings) be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the arbitration agreement.

(3)  *[Section 33 Subsection (3) amended by No. 91 of 1986, s. 3 and Sched. 1 ]*For the purposes of this Act an arbitration shall be deemed to be commenced when one party to the arbitration serves on the other party a notice requiring him to appoint an arbitrator or agree to the appointment of an arbitrator, or, where the arbitration agreement provides that the reference shall be to a person named or designated in the arbitration agreement, requiring him to submit the dispute to the person so named or designated.

(4)  *[Section 33 Subsection (4) amended by No. 91 of 1986, s. 3 and Sched. 1 ]*A notice referred to in subsection (3) required to be served on any person may be so served –

(a) by delivering it to him;

(b) by leaving it at his usual or last-known place of abode or business; or

(c) by sending it by certified mail addressed to him at his usual or last-known place of abode or business –

as well as in any other manner provided in the arbitration agreement.

(5)  Where a court orders that an award be set aside or orders, after the commencement of an arbitration, that the arbitration shall cease to have effect with respect to the dispute referred, the court may further order that the period between the commencement of the arbitration and the date of the order of the court shall be excluded in computing the time prescribed by this Act for the commencement of proceedings (including arbitration) with respect to the dispute referred.

(6)  *[Section 33 Subsection (6) amended by No. 91 of 1986, s. 3 and Sched. 1 ]*This section applies to an arbitration under an Act as well as to an arbitration pursuant to an arbitration agreement, and and have effect in relation to an arbitration under an Act as if for the references to the arbitration agreement there were substituted references to such of the provisions of the Act as relate to the arbitration.