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Contents  

Long Title

Part I PRELIMINARY

Part II ARBITRATION AGREEMENT

Part III STAY OF LEGAL PROCEEDINGS

Part IV COMMENCEMENT OF ARBITRAL PROCEEDINGS

Part V ARBITRAL TRIBUNAL

Part VI JURISDICTION OF ARBITRAL TRIBUNAL

Part VII ARBITRAL PROCEEDINGS

Part VIII AWARD

Part IX POWERS OF COURT IN RELATION TO AWARD

Part X MISCELLANEOUS

Legislative History

Comparative Table

 
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On 30/05/2017, you requested the version in force on 30/05/2017 incorporating all amendments published on or before 30/05/2017. The closest version currently available is that of 01/08/2016.
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PART VI
JURISDICTION OF ARBITRAL TRIBUNAL
Separability of arbitration clause and competence of arbitral tribunal to rule on its own jurisdiction
21.
—(1)  The arbitral tribunal may rule on its own jurisdiction, including a plea that it has no jurisdiction and any objections to the existence or validity of the arbitration agreement, at any stage of the arbitral proceedings.
[Act 12 of 2012 wef 01/06/2012]
(2)  For the purpose of subsection (1), an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract.
(3)  A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure (as a matter of law) the invalidity of the arbitration clause.
(4)  A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence.
(5)  A party shall not be precluded from raising the plea that the arbitral tribunal does not have jurisdiction by the fact that he has appointed, or participated in the appointment of, an arbitrator.
(6)  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.
[Act 12 of 2012 wef 01/06/2012]
(7)  Notwithstanding any delay in raising a plea referred to in subsection (4) or (6), the arbitral tribunal may admit such plea if it considers the delay to be justified in the circumstances.
(8)  The arbitral tribunal may rule on a plea referred to in this section either as a preliminary question or in an award on the merits.
(9)  If the arbitral tribunal rules —
(a)
on a plea as a preliminary question that it has jurisdiction; or
(b)
on a plea at any stage of the arbitral proceedings that it has no jurisdiction,
any party may, within 30 days after having received notice of that ruling, apply to the Court to decide the matter.
[Act 12 of 2012 wef 01/06/2012]
(10)  [Deleted by Act 12 of 2012 wef 01/06/2012]
(11)  [Deleted by Act 12 of 2012 wef 01/06/2012]
Appeal on ruling of jurisdiction
21A.
—(1)  An appeal from the decision of the High Court made under section 21 shall lie to the Court of Appeal only with the leave of the High Court.
(2)  There shall be no appeal against a refusal for grant of leave of the High Court.
(3)  Where the High Court, or the Court of Appeal on appeal, decides that the arbitral tribunal has jurisdiction —
(a)
the arbitral tribunal shall continue the arbitral proceedings and make an award; and
(b)
where any arbitrator is unable or unwilling to continue the arbitral proceedings, the mandate of that arbitrator shall terminate and a substitute arbitrator shall be appointed in accordance with section 18.
(4)  In making a ruling or decision under this section or section 21 that the arbitral tribunal has no jurisdiction, the arbitral tribunal, the High Court or the Court of Appeal (as the case may be) may make an award or order of costs of the proceedings, including the arbitral proceedings (as the case may be), against any party.
(5)  Where an award of costs is made by the arbitral tribunal under subsection (4), section 39(1) shall apply with the necessary modifications.
(6)  Where an application is made pursuant to section 21 ―
(a)
such application shall not operate as a stay of the arbitral proceedings or of execution of any award or order made in the arbitral proceedings unless the High Court orders otherwise; and
(b)
no intermediate act or proceeding shall be invalidated except so far as the High Court may direct.
(7)  Where there is an appeal from the decision of the High Court pursuant to subsection (1) —
(a)
such appeal shall not operate as a stay of the arbitral proceedings or of execution of any award or order made in the arbitral proceedings unless the High Court or the Court of Appeal orders otherwise; and
(b)
no intermediate act or proceeding shall be invalidated except so far as the Court of Appeal may direct.
[Act 12 of 2012 wef 01/06/2012]