Cap. 387 Art. 32Pleas as to the jurisdiction of the arbitral tribunal.

(1) The arbitral tribunal shall have the power to rule on objections that it has no jurisdiction, including any objections 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 arbitration clause forms part. For the purposes of article 32, an arbitration 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 the 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 tribunal, such proceedings shall be dismissed and the parties shall be referred to the arbitral tribunal for its decision on such issue, unless the court considers that any party will suffer irreparable harm unless it determines the issue.