178 Arbitration Clauses (protocol)

• Author: Ralph Hone
• Pages: #4

[CH.178.

CHAPTER 178.

ARBITRATION CLAUSES (PROTOCOL).

AN ACT TO GIVE EFFECT TO A PROTOCOL ON ARBITRATION CLAUSES SIGNED ON BEHALF OF HIS MAJESTY AT A MEETING OF THE ASSEMBLY OF THE LEAGUE OF NATIONS HELD ON THE TWENTY-FOURTH DAY OF SEPTEMBER, NINETEEN HUNDRED AND TWENTYTHREE.

[28th May 1931.1

WHEREAS at a meetiiig of the Assembly of the League of Nations held on the twenty-fourth day of September, nineteen hundred and twenty-three, the protocol on arbitration clauses set forth in the Schedule to this Act was signed on behalf of His Majesty;

AND WHEREAS for the purpose of giving effect to the said protocol it is expedient that the provisions hereinafter contained shall have effect;

1. This Act may be cited as The Arbitration Clauses (Protocol) Act.

2. Notwithstanding anything in The Arbitration Act, if any party to a submission made in pursuance of an agreement to which the said protocol applies or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and 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 agreement or arbitration has become inoperative or cannot proceed or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.

   11 of 1931.

   Schedule.

   Short title.

   Staying of Court proceedings in respect of matters to be referred to arbitration under Commercial Agreement.

   Ch. 183.

   SCHEDULE.

   PROTOCOL ON ARBITRATION CLAUSES.

   The undersigned, being duly authorised, declare that they accept, on behalf of the countries which they represent, the following provisions:-1. Each of the Contracting States recognises the validity of an agreement whether relating to existing or future differences between parties, subject respectively to the jurisdiction of different Contracting States by which the parties to a contract agree to submit to arbitration all or any differences that may arise in connection with such contract relating to commercial matters or to any other matter capable of settlement by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction none of the...