Arbitration Act 2005 · Updated to 1 Nov 2018 · Chapter 4
18. Competence of arbitral tribunal to rule on its jurisdiction
Feedback & supportThe arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement.
arbitral tribunal
“arbitral tribunal” means an emergency arbitrator, a sole arbitrator or a panel of arbitrators.
For the purposes of subsection (1)—
an arbitration clause which forms part of an agreement shall be treated as an agreement independent of the other terms of the agreement; and
a decision by the arbitral tribunal that the agreement is null and void shall not ipso jure entail 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 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.
party
“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all the parties to the arbitration agreement, means a party to the arbitration;
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.
Notwithstanding subsections (3) and (5), the arbitral tribunal may admit such plea if it considers the delay justified.
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.
award
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any final, interim or partial award and any award on costs or interest but does not include interlocutory orders;
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.
High Court
“High Court” means the High Court in Malaya and the High Court in Sabah and Sarawak or either of them, as the case may require;
While an appeal is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.
No appeal shall lie against the decision of the High Court under subsection (8).