Cap. 7:15 ARBITRATION ACT Act 6/1996 CHAPTER IV JURISDICTION OF ARBITRAL TRIBUNAL ARTICLE 16 Competence of arbitral tribunal to rule on its jurisdiction (1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, 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 null and void shall not entail ipso jure the invalidity of the arbitration clause. (2) 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 is not precluded from raising such a plea 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 arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified. (3) The arbitral tribunal may rule on a plea referred to in paragraph (2) of this article either as a preliminary question or in an award on the merits. If the arbitral tribunal rules on such a plea as a preliminary question, any party may request, within thirty days after having received notice of that ruling, the High Court to decide the matter, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award. ARTICLE 17 Power of arbitral tribunal to order interim measures (1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject-matter of the dispute. The arbitral tribunal may require any party to provide appropriate security in connection with any such measure. (2) Unless otherwise agreed by the parties, an arbitral tribunal shall have power— (a) to grant an interdict or other interim order; (b) to order the parties to make a deposit in respect of the fees and costs of the arbitration. (3) The arbitral tribunal or a party with the approval of the arbitral tribunal may request from the High Court executory assistance in the exercise of any power conferred upon the arbitral tribunal under paragraphs (1) and (2) of this article. (4) If a request is made under paragraph (3) of this article, the High Court shall have, for the purpose of giving effect to the request, the same powers it would have in civil proceedings before it. - 10 -