Page:Arbitration Act 2001.pdf/41

Rh (5) For the purposes of this section and section 62—
 * (a) any reference to a mediator shall include a reference to any person who acts as a conciliator;
 * (b) any reference to mediation proceedings shall include a reference to conciliation proceedings.

Act to bind Government

64. This Act shall bind the Government.

Repeal and transitional provisions

65.—(1) The Arbitration Act (Cap. 10) is repealed.

(2) This Act shall apply to arbitration proceedings commenced on or after the appointed day but the parties may in writing agree that this Act shall apply to arbitration proceedings commenced before the appointed day.

(3) Notwithstanding subsection (1), where the arbitration proceedings were commenced before the appointed day, the law governing the arbitration agreement and the arbitration shall be the law which would have applied if this Act had not been enacted.

(4) Where an arbitration agreement made or entered into before the appointed day provides for the appointment of an umpire or an arbitral tribunal comprising 2 arbitrators, the law to the extent that it governs the appointment, role and function of the umpire shall be the law which would have applied if this Act had not been enacted.

(5) For the purposes of this section, arbitration proceedings are to be taken as having commenced on the date of the receipt by the respondent of a request for the dispute to be referred to arbitration, or, where the parties have agreed in writing that any other date is to be taken as the date of commencement of the arbitration proceedings, then on that date.

(6) For the purposes of this section, "appointed day" means the date of commencement of this Act.