(1) For the purposes
of this Act —
(a) if
an arbitration provision requires or permits a party to the arbitration to
give notice in writing 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
(b) if,
in a case to which paragraph (a) does not apply, a party to the arbitration
takes a step required or permitted by an arbitration provision for the purpose
of bringing a difference or matter before an arbitrator and gives to another
party notice in writing of the taking of the step,
the arbitration is to
be taken to have commenced, as between the party giving the notice and the
party to whom the notice is given, when the notice is given.
(2) For the purpose of
subsection (1), a notice is given when the notice is given —
(a) in
accordance with the Interpretation Act 1984 section 76; or
(b) in a
manner required or permitted by the provisions for arbitration,
whichever occurs
first.
[Heading inserted: No. 3 of 2018 s. 12.]
[Heading inserted: No. 3 of 2018 s. 12.]