Arbitration Act (Cap. 387)

Arbitration Act (Cap. 387), article 17

Official PDF on legislation.mt

17. (1) The party initiating recourse to arbitration (hereinafter called "the claimant") shall file with the registrar, a notice of arbitration for registration by the Centre and for onward transmission to the other party (hereinafter called "the respondent"), and any procedures and any award pursuant thereto in any arbitration to which this Part refers, shall be null and void and unenforceable if the relative notice of arbitration shall n ot have been filed with the Centre: Provided that the nullity of the procedures shall not arise if, having failed to file the notice of arbitration as contemplated by this article at the commencement of proceedings, any party file s the notice at any time prior to the communication of the award in accordance with article 44(6). In such event the Centre shall register the notice of arbitration but shall have no further du ties in that regard. (2) Arbitral proceedings shall be deemed to commence on the date on which the notice of arbitration is received by the respondent : ARBITRATION [CAP. 387. 11 Cap. 12. Cap. 16. Provided that for the purposes of articles 843, 846, 849, 867 and 875 of the Code of Organization and Civil Procedure and article 1357(2) of the Civil Code arbitral proceedings under this Part shall be deemed to commence upon the filing of the notice of arbitrat ion with the registrar. (3) The notice of arbitration shall include the following: (a) a demand that the dispute be referred to arbitration; (b) the names and addresses of the parties; (c) a reference to the arbitration clause or the separate arbitration agreement that is invoked; (d) a reference to the contract out of which, or the defined legal relationship in respect to which, the dispute arises; (e) the general nature of the claim and an indication of the amount involved, if any; (f) the relief or remedy sought; and (g) a proposal as to the number of arbitrators if the parties have not previously agreed thereon. (4) The notice of arbitration may also include: (a) the proposals for the appointment of a sole arbitrator; (b) the notification of the appointment of an arbitrator referred to in article 21; and (c) the statement of claim referred to in article 29. Representation and assistance.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.