When is the deadline for limitation - enforce an arbitrator's award under an agreement made by deed?
The catalogue records a 12 years period from The date on which the right to enforce the award first accrued, being the date on which default first happens in observance of the award (s 18(3)). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 12 years
- Trigger
- The date on which the right to enforce the award first accrued, being the date on which default first happens in observance of the award (s 18(3))
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Limitation Act 1981 (NT) s 44, on the s 44(3)(b) gateways.
- Section 18(3) fixes accrual at the date of the first default in observance of the award in respect of which the action is brought, not the date of the award. Corrected on verification: the researcher's quotation began at "an action to enforce the award" and silently dropped the opening words of s 18(2), which on their face confine the subsection to "an arbitration agreement constituted by an Act or an instrument of a legislative or administrative character" and make it "subject to the provisions of that Act or instrument". The full text is now quoted from the Limitation Act 1981 (NT) as in force at 11 August 2025 (official consolidation, legislation.nt.gov.au). The 12-year period is unchanged, and for an ordinary contractual award made under an agreement by deed the answer is the same because s 14(1) independently fixes 12 years for an action founded upon a deed. Do not represent s 18(2) as the source of the period for a purely contractual arbitration agreement, and note that a governing Act or instrument may displace it.