Revised Laws of Saint Lucia (2022)

23.   Limitation of time for commencing arbitration proceedings

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   (1)   The statutes of limitation shall apply to arbitrations as they apply to proceedings in the Court.

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   (2)   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 agreement to be referred until an award is made under the agreement, a cause of action shall, for the purpose of the statutes of limitation both as originally enacted and as applying to arbitrations, be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement.

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   (3)   For the purpose of this section and for the purpose of the statutes of limitation as applying to arbitrations, an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other party or parties a notice requiring him or her or them to appoint an arbitrator, or, where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring him or her or them to submit the dispute to the person so named or designated.

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   (4)   Any such notice as is mentioned in subsection (3) may be served in addition to any other manner provided in the arbitration agreement either—

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      (a)     by delivering it to the person on whom it is to be served;

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      (b)     by leaving it at the usual or last known place of abode in Saint Lucia of that person; or

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      (c)     by sending it by post in a registered letter addressed to that person at his or her usual or last known place of abode in Saint Lucia.

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   Where a notice is sent by post in manner prescribed by paragraph (c), service thereof shall, unless the contrary is proved, be deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of post.

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   (5)   Where the terms of an agreement to refer future disputes to arbitration provide that any claims to which the agreement applies shall be barred unless notice to appoint an arbitrator is given or an arbitrator is appointed or some other step to commence arbitration proceedings is taken within a time fixed by the agreement, and a dispute arises to which the agreement applies, the Court, if it is of opinion that in the circumstances of the case undue hardship would otherwise be caused, and notwithstanding that the time so fixed has expired, may, on such terms (if any) as the justice of the case may require, but without prejudice to the foregoing provisions of this section, extend the time for such period as it thinks proper.

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   (6)   Where the Court orders that an award be set aside or orders, after the commencement of an arbitration, that the arbitration agreement 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 the statutes of limitation for the commencement of proceedings (including arbitration) with respect to the dispute referred.

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   (7)   For the purposes of this section, “the statutes of limitation” include the Civil Code and any other enactment limiting the time within which any particular proceeding may be commenced.

References under Order of Court