Hometime

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SS · Arbitration Act

42 Termination of arbitration

Current to 2023-04-01 · Official PDF

(1) An arbitration is terminated when
(a) the arbitral tribunal makes a final award or awards in
accordance with this Act, disposing of all matters in dispute
referred to arbitration,
(b) the arbitral tribunal term inates the arbitration under
subsection (2) or section 27(1) or (4), or
(c) the arbitrator's mandate is terminated, if the arbitration
agreement provides that the arbitration is to be conducted
only by that arbitrator.
(2) An arbitral tribunal shall make an order terminating the
arbitration if
(a) the party that commenced t he arbitration withdraws the
matters in dispute, unless the other party objects to the
termination and the arbitral tribunal agrees that the other
RSA 2000

party is entitled to obtain a final settlement of the matters in
dispute,
(b) the parties agree that the arbitration should be terminate d, or
(c) the arbitral tribunal finds that the continuation of the
arbitration has become unnecessary or impossible.
(3) An arbitration that is terminated may only be revived for the
purposes of section 43, 44(4), 45(7) and (8) or 53(4).
(4) The death of a party to an arbitration does not terminate an
arbitral tribunal.
(5) Subsection (4) does not affect a rule of law or an enactment
under which the death of a person extinguishes a cause of action.
1991 cA-43.1 s42