6.—(1) Where any party to an arbitration agreement institutes any proceedings in any court against any other party to the agreement in respect of any matter which is the subject of the agreement, any party to the agreement may, at any time after filing and serving a notice of intention to contest or not contest and before delivering any pleading (other than a pleading asserting that the court does not have jurisdiction in the proceedings) or taking any other step in the proceedings, apply to that court to stay the proceedings so far as the proceedings relate to that matter.
[Act 25 of 2021 wef 01/04/2022]
(2) The court to which an application has been made in accordance with subsection (1) may, if the court is satisfied that —
(a)
there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement; and
(b)
the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration,
make an order, upon any terms that the court thinks fit, staying the proceedings so far as the proceedings relate to that matter.
(3) Where a court makes an order under subsection (2), the court may, for the purpose of preserving the rights of parties, make such interim or supplementary orders as the court thinks fit in relation to any property which is or forms part of the subject of the dispute to which the order under that subsection relates.
(4) Where no party to the proceedings has taken any further step in the proceedings for a period of not less than 2 years after an order staying the proceedings has been made, the court may, on its own motion, make an order discontinuing the proceedings without affecting the right of any of the parties to apply for the discontinued proceedings to be reinstated.
(5) For the purposes of this section, a reference to a party includes a reference to any person claiming through or under such party.
Court’s powers on stay of proceedings
7.—(1) Where a court stays proceedings under section 6, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest, order that —
(a)
the property arrested be retained as security for the satisfaction of any award made on the arbitration; or
(b)
the stay be conditional on the provision of equivalent security for the satisfaction of any such award.
(2) Subject to the Rules of Court and to any necessary modification, the same law and practice apply in relation to property retained pursuant to an order under this section as would apply if it were held for the purposes of proceedings in the court which made the order.
Reference of interpleader issue to arbitration
8. Where in proceedings before any court relief by way of interpleader is granted and any issue between the claimants is one in respect of which there is an arbitration agreement between them, the court granting the relief may direct the issue between the claimants to be determined in accordance with the agreement.