Section 26: Application of Act and other limitation

enactments to arbitrations (1) This Act and any other enactment relating to the limitation of actions shall apply to arbitrations as they apply to actions in the court. (2) Notwithstanding any term in a submission to the effect that no cause of action shall accrue in respect of any matter required by the submission to be referred until an award is made under the submission, the cause of action shall, for the purpose of this Act and of any other enactment relating to the limitation of actions, whether in their 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 submission. (3) For the purpose of this Act and of any other enactment relating to the limitation of actions, an arbitration shall be deemed to be commenced when one party to the arbitration serves on the other party a notice requiring him or her to appoint an arbitrator or to agree to the appointment of an arbitrator or, where the submission provides that the reference shall be to a person named or designated in the submission, requiring him or her to submit the dispute to the person so named or designated. (4) Any notice referred to in subsection (3) may be served in the manner prescribed by the Civil Procedure Rules for the service of summonses, as well as in any other manner provided in the submission. (5) Where the High 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 or any other enactment relating to the limitation of actions for the commencement of proceedings, including arbitration, with respect to the dispute referred. (6) This section shall apply to an arbitration under an enactment as well as to an arbitration pursuant to a submission, and subsections (3) and (4) shall 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 enactment or of any order, scheme, rules, regulations or by-laws made under the Act as relate to the arbitration.