(2) The power of the arbitral tribunal to rule on its own jurisdiction under subsection (1) includes the power to decide as to—
- (a) whether the tribunal is properly constituted; or
- (b) what matters have been submitted to arbitration in accordance with the arbitration agreement.
(3) If a dispute is submitted to arbitration in accordance with an arbitration agreement and a party—
- (a) makes a counter-claim arising out of the same dispute; or
- (b) relies on a claim arising out of that dispute for the purposes of a set-off,
the arbitral tribunal has jurisdiction to decide on the counter-claim or the claim so relied on only to the extent that the subject matter of that counterclaim or that claim falls within the scope of the same arbitration agreement.
(4) A ruling of the arbitral tribunal that it does not have jurisdiction to decide a dispute is not subject to appeal.
(5) Despite section 20, if the arbitral tribunal rules that it does not have jurisdiction to decide a dispute, the court must, if it has jurisdiction, decide that dispute.
PART 6
Interim Measures and Preliminary Orders
Division 1—Interim measures
35. Article 17 of UNCITRAL Model Law (Power of arbitral tribunal to order interim measures)
(1) Article 17 of the UNCITRAL Model Law, the text of which is set out below, has effect—
“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, grant interim measures.
- (2) An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party to:
