Report No. 76
11.19. Case law on paragraph 3.-
Under paragraph 3, the starting point is not necessarily "the commencement of the arbitration" mentioned in section 37(3). It is always a question of fact, on what date the arbitrator or the umpire (as the case may be), actually entered on the reference for the purpose of paragraph 3. The determination of the date often turns out to be a difficult matter, and one can discern from the case law considerable divergence of views.