Arbitration Act (Cap. 387)
Arbitration Act (Cap. 387), article 32
32. (1) The arbitral tribunal shall have the power to rule on
objections that it has no jurisdiction, including any objection s with
respect to the existence or validity of the arbitration clause or of the
separate arbitration agreement.
(2) The arbitral tribunal shall have the power to determine the
existence or the validity of the contract of which an arbitrati on
clause forms part. For the purposes of article 32, an arbitrati on
clause which forms part of a contract and which provides for
arbitration under this Part shall be treated as an agreement
independent of the other terms of the contract. A decision by t he
arbitral tribunal that the contract is null and void shall not entail
ipso jure the invalidity of the arbitration clause.
(3) A plea that the arbitral tribunal does not have jurisdiction
shall be raised not later than in the statement of defence or, with
respect to a counter-claim, in the reply to the counter-claim.
(4) In general, the arbitral tribunal should rule on a plea
concerning its jurisdiction as a preliminary question:
Provided that the arbitral tribunal may proceed with the
arbitration and rule on such a plea in its final award.
(5) In the event that proceedings are filed before any court for a
declaration relating to the jurisdiction of an arbitral tribuna l, such
proceedings shall be dismissed and the parties shall be referre d to the
arbitral tribunal for its decision on such issue, unless the co urt
considers that any party will suffer irreparable harm unless it
determines the issue.
Further written
statements.
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