Q.
What are the scope of jurisdiction of arbitration tribunal? How much can the arbitration tribunal decide with the duty vested in it?
A.
Chapter 4
Jurisdiction of arbitral tribunal
Competence of arbitral tribunal to rule on its jurisdiction
18. (1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement.
(2) For the purposes of subsection (1)—
(b) a decision by the arbitral tribunal that the agreement is null and void shall not ipso jure entail the invalidity of the arbitration clause.
(3) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence.
(4) A party is not precluded from raising a plea under subsection (3) by reason of that party having appointed or participated in the appointment of the arbitrator.
(5) A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.
(6) Notwithstanding subsections (3) and (5), the arbitral tribunal may admit such plea if it considers the delay justified.
(7) The arbitral tribunal may rule on a plea referred to in subsection (3) or (5), either as a preliminary question or in an award on the merits.
(8) Where the arbitral tribunal rules on such a plea as a preliminary question that it has jurisdiction, any party may, within thirty days after having received notice of that ruling appeal to the High Court to decide the matter.
(9) While an appeal is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.
(10) No appeal shall lie against the decision of the High Court under subsection (8).
Ref:
Section 18, Arbitration Act, 2005.