The Arbitral Tribunal may rule on its on Jurisdiction, including ruling on any objections with respect to the existence of the validity of the Arbitration agreement and for that purpose an Arbitration clause shall be treated as an agreement independent of the other terms of the contract and a decision by the Arbitral Tribunal that the contract is null and void shall not entail if so jure the invalidity of the Arbitration clause. A plea with regard to Jurisdiction shall be raised not later than the submission of the statement of defense. However, a party shall not be precluded from raising such a plea merely because he has appointed or participated in the appointment of an Arbitrator. A plea that the Arbitral Tribunal is exceeding the scope of its authority shall be raised as soon as practicable during the Arbitral proceeding. The Arbitral Tribunal shall decide on a plea as to Jurisdiction and in case the plea is rejected by the Tribunal, they will continue with the Arbitral proceeding and make an Arbitral award. The party aggrieved by such an Arbitral award may make an application foe setting aside such an Arbitral award in accordance with Section 34.
Comments are closed.