Cap. 387 Art. 15Procedure in domestic arbitration.

(1) In the case of a domestic arbitration agreement, falling under article 14, disputes shall be settled in accordance with the provisions of this Part, subject to such modification as (a) the parties may agree upon in writing, and (b) may be permitted by law.

(2) For the purpose of this Act, a dispute shall include any controversy or claim arising out of or relating to the agreement, or the breach, termination or invalidity thereof or failure to comply therewith.

(3) Notwithstanding any provision of the Code of Organization and Civil Procedure if any party to an arbitration agreement, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the arbitration agreement or any person claiming through or under him, in respect of any matter agreed to be referred to arbitration, any party to such legal proceedings may at any time before delivering any pleadings or taking other steps in the proceedings, apply to that court to stay the proceedings, and that court or a judge thereof, unless satisfied that the arbitration agreement has become inoperative or cannot proceed, shall make an order staying the proceedings. An application may be made notwithstanding that the matter is to be referred to arbitration only after the exhaustion of other dispute resolution procedures.

(4) Where proceedings as are referred to in subarticle (3) have been brought before a court, arbitral proceedings may be commenced or continued: provided that the arbitral tribunal shall not take any steps in the arbitration until the Court decides on the application except in cases where failure to provide a remedy will result in irreparable harm

(5) Any matter being the subject of a dispute even after an action thereanent has been brought before a court, shall, unless such matter is one referred to in subarticle (6), be capable of settlement by arbitration if all parties to the dispute agree.

(6) Disputes, concerning questions of personal civil status including those relating to personal separation, divorce or annulment of marriage, are not capable of settlement by arbitration: Provided that questions relating to the division of property between spouses may be referred to arbitration subject to the approval by the competent court of the arbitration agreement and of the arbitrator to be appointed.

(7) Any submission to arbitration of a dispute by an administrator, agent or attorney shall not be valid unless -

(a) such person is authorised to submit disputes to arbitration; and

(b) the submission refers to an issue which falls within the powers of such person.

(8) Upon the filing of an application to stay proceedings in terms of subarticle (3), any time limit for the filing of any statement of defence or other response, whether arising at law or by order of any court or tribunal or otherwise, shall be interrupted and shall commence to run again from the date on which the applicant is served with the decision of the Court to dismiss the application, and this irrespective of whether an appeal on such decision is filed by any party.

(9) The Board established under article 29 of the Code of

Organization and Civil Procedure may make rules concerning applications to the Court under subarticle (3) and prescribe the fees to be paid on such applications.

(10) Any submission to arbitration of a dispute the subject matter of which falls within the jurisdiction or competence of a board, tribunal or other authority set up for the purpose by any law shall be valid and effective and the provisions of subarticle (3) shall apply thereto mutatis mutandis; provided that the provisions of this subarticle shall not apply where the board, tribunal or other authority is one as is specified in article 75(1).

(11) In addition to those designated by other laws, the classes of disputes referred to in the Fourth Schedule are subject to mandatory arbitration and in such cases the parties shall be deemed to be bound by an arbitration agreement in relation to such disputes.

(11A) Notwithstanding any other provision of this Act, all parties to a mandatory arbitration shall, unless they have expressly agreed otherwise in writing, have a right of appeal from the arbiter award both on points of law and on points of fact to the Court of Appeal as constituted in terms of article 41(9) of the Code of

(13) The Minister shall have the power by regulations to add, remove or substitute and amend the classes of disputes referred to in the Fourth Schedule and the conditions applicable thereto. Such regulation may determine the conditions applicable in such cases, including:

(i) the specific nature of the disputes;

(ii) the maximum monetary value of such disputes;

(iii) the remedies sought and awardable in relation to such disputes; and

(iv) the manner in which an arbitrator or arbitrators are to be appointed.

(14) Any rules or regulations referred to in the preceding sub-articles shall come into force with effect from the date designated by the Minister and shall not affect any disputes at the time already pending before any court or tribunal.

(15) Saving the grounds allowing for the press and the public to be excluded from all or part of the proceedings provided for in paragraph 1 of Article 6 of the European Convention on Human Rights, the proceedings in a compulsory arbitration shall be conducted and the decision shall be delivered in public.