Arbitration Act 2005 Chapter 4 — Jurisdiction of arbitral tribunal

s 18–s 19 · 2 sections

Competence of arbitral tribunal to rule on its jurisdiction

s 18

(1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. (2) For the purposes of subsection (1)— (a) an arbitration clause which forms part of an agreement shall be treated as an agreement independent of the other terms of the agreement; and (b) a decision by the arbitral tribunal that the agreement is null and void shall not ipso jure entail the invalidity of the arbitration clause. (3) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. (4) 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. (5) 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. (6) Notwithstanding subsections (3) and (5), the arbitral tribunal may admit such plea if it considers the delay justified. (7) 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. (8) 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. (9) While an appeal is pending, the arbitral tribunal may continue the arbitral proceedings and make an award. (10) No appeal shall lie against the decision of the High Court under subsection (8).

Power of arbitral tribunal to order interim measures

s 19

(1) Unless otherwise agreed by the parties, a party may apply to the arbitral tribunal for any of the following orders: (a) security for costs; (b) discovery of documents and interrogatories; (c) giving of evidence by affidavit; (d) the preservation, interim custody or sale of any property which is the subject-matter of the dispute. (2) The arbitral tribunal may require any party to provide appropriate security in connection with such measure as ordered under subsection (1). (3) Unless otherwise agreed by the parties, sections 38 and 39 shall apply to orders made by an arbitral tribunal under this section as if a reference in those sections to an award were a reference to such an order.

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Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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