Section 5 Arbitration and Mediation Act

Section 5 Arbitration and Mediation Act 2023 is about Power to stay court proceedings on the same substantive claim. It is under Part I (Arbitration) of the Act.

(1) Notwithstanding the provisions of any other law, a court before which an action is brought in a matter, which is the subject of an arbitration agreement shall, if any of the parties request, not later than when submitting their first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is void, inoperative or incapable of being performed.

(2) Where an action referred to in subsection (1) has been brought before a court, arbitral proceedings may be commenced or continued, and an award may be made by the arbitral tribunal while the matter is pending before the court.

(3) Where a court makes an order for stay of proceedings under subsection (1), the court may, for the purpose of preserving the rights of parties, make an interim or supplementary order as may be necessary.