a) the Arbitration Agreement is null and void, inoperative or incapable of being
performed; or
b) the legal proceedings are permitted under the Chapter.
12.
An arbitration may be commenced or continued, and an Arbitral Award made, even if an
application has been brought under Section 10, and the issue is pending before the court.
Interim Measures by Court
13.
It is not incompatible with an Arbitration Agreement for a Party to request from a court,
before or during arbitral proceedings, an interim measure of protection as provided in
paragraph 14 of the Chapter, and for a court to grant that measure.
Commencement of Arbitral Proceedings
14.
The arbitral proceedings in respect of a Disagreement:
a) required to be arbitrated as set out in paragraph 28 of the Chapter, commences on
delivery of the notice of arbitration to the Parties; or
b) agreed to be arbitrated as set out in paragraph 29 of the Chapter, commences on
the date of the Arbitration Agreement.
Notice of Arbitration
15.
A notice of arbitration under paragraph 28 of the Chapter must be in writing and contain
the following information:
a) a statement of the subject matter or issues of the Disagreement;
b) a requirement that the Disagreement be referred to arbitration;
c) the remedy sought;
d) the suggested number of arbitrators; and
e) any preferred qualifications of the arbitrators.
16.
A notice of arbitration under Section 15 may contain the names of any proposed
arbitrators, including the information specified in Section 17.
Arbitrators
17.
In an arbitration:
a) required to be arbitrated as set out in paragraph 28 of the Chapter, there will be
three arbitrators; and
b) agreed to be arbitrated as set out in paragraph 29 of the Chapter, there will be one
arbitrator.
18.
An individual eligible for appointment as:
a) a single arbitrator or as a member or chair of an arbitral panel will be an
experienced arbitrator or arbitration counsel or have had training in arbitral
procedure; and
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