21. Separability of arbitration clause and competence of arbitral tribunal to rule on its own jurisdiction

The arbitral tribunal may rule on its own jurisdiction, including any objections to the existence or validity of the arbitration agreement.

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.

A decision by the arbitral tribunal that the contract is void shall not entail ipso jure (as a matter of law) the invalidity of the arbitration clause.

A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence.

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.

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 arbitration proceedings.

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.

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.

If the arbitral tribunal rules on a plea as a preliminary question that it has jurisdiction, any party may, within 30 days after having received notice of that ruling, apply to the Court to decide the matter.

The leave of the Court is required for any appeal from a decision of that Court under this section.

While an application under subsection (9) is pending, the arbitral tribunal may continue the arbitration proceedings and make an award.