Arbitration Act (Cap. 387)
Arbitration Act (Cap. 387), article 71A
71A. (1) The following provisions shall apply to an application
to set aside or an appeal under article 70, 70A or 70C.
(2) An application may not be brought if the applicant or appell ant
has not first exhausted -
(a) any available contractual process of appeal or review;
and
(b) any available recourse under articles 47 (interpretation of
the award), 48 (correction of the award) or 49 (additional
award).
(3) Any request made in terms of articles 47, 48 or 49 shall
have the effect of interrupting the time-limits for recourse ag ainst
an award specified in article 70(4) or article 70B(2). The peri od for
recourse established in the said articles shall run from the da te on
which any order made in terms of the said articles 47, 48 and 4 9 is
communicated to the party.
(4) The rights of recourse as provided in article 70 or 70A or
70C are mutually exclusive and cannot both be exercised
simultaneously and an appeal on a point of law or on a point of fact
shall exclude the right to apply to set aside the award: provid ed that
when a party has applied to the Court to set aside an award, he may,
in subsidium , appeal on points of law or on point of fact provided
he does so in the same application.
(5) If on an application to set aside or on an appeal it appears to
the Court that the award does not contain the tribunal’s reason s or does
not set out the tribunal’s reasons in sufficient detail to enab le the court
properly to consider the application or appeal, the court may r equest
the tribunal to give an interpretation of the award in accordan ce with
the terms of article 47(2).
(6) In making an order under the preceding subarticle the court
may make an order on costs arising from its order.
ARBITRATION [CAP. 387. 31
Condition for
application:
supplemental
provisions.
Added by:
XXXI. 2002.250.
Amended by:
IX. 2004.25.
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.