ACTIn ForceAct
Limitation Act 1985
49Commencement of arbitration
Start here
Get a plain-English read of 49
Turn the raw legal text into a practical explanation grounded in Limitation Act 1985.
49 Commencement of arbitration
(1) For this division—
(a) if the provisions for arbitration require or permit a party to the
arbitration to give written notice to another party—
(i) requiring the other party to appoint or concur in appointing
an arbitrator; or
(ii) requiring the other party to submit or concur in submitting
a difference or matter to a person named or designated in
the provisions for arbitration as arbitrator; or
Part 4 Miscellaneous
Division 4.3 General
Section 51
page 44 Limitation Act 1985
Effective: 26/11/25
R28
26/11/25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) if, in a case to which paragraph (a) does not apply, a party to the
arbitration takes a step required or permitted by the provisions
for arbitration for the purposes of bringing a difference or matter
before an arbitrator and gives to another party written notice of
the taking of the step;
the arbitration is begun, as between the party giving the notice and
the party to whom the notice is given, on the date when the notice is
given.
(2) For subsection (1), the date when a notice is given is the date, or the
earlier or earliest of the dates, when the party giving the notice—
(a) gives it to the party to whom it is to be given; or
(b) leaves it at the usual or last known business or home address of
the party to whom it is to be given; or
(c) posts it to the person to whom it is to be given at the person’s
usual or last-known business or home address; or
(d) gives the notice in a way required or permitted by the provisions
for arbitration.
Division 4.3 General