Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 7:

In page 9, lines 41 and 42, to delete all words from and including ", unless" in line 41 down to and including "agree," in line 42.

This relates to section 12 of the Bill. As now drafted, a party has, unless otherwise agreed, a period of 56 days within which to seek to have an arbitration award set aside on the grounds that it is in conflict with the public policy of the State. That period runs from the date on which the circumstances giving rise to the application becomes known or ought reasonably to have become known to the party concerned.

On Committee State, Deputy Rabbitte suggested that the inclusion of the phrase "unless the parties otherwise agree" might be the subject of abuse especially where there was an inequality of bargaining power. I undertook to examine this point and on foot of that examination I tabled this amendment which I believe will take care of the remark made by Deputy Rabbitte.

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