s 10 Appeal on ruling of jurisdiction
10.—(1) This section has effect despite Article 16(3) of the Model Law.[12/2012] (2) An arbitral tribunal may rule on a plea that it has no jurisdiction at any stage of the arbitral proceedings.[12/2012] (3) If the arbitral tribunal rules —(a) on a plea as a preliminary question that it has jurisdiction; or (b) on a plea at any stage of the arbitral proceedings that it has no jurisdiction, any party may, within 30 days after having received notice of that ruling, apply to the General Division of the High Court to decide the matter. [12/2012; 40/2019] (4) An appeal from the decision of the General Division of the High Court made under Article 16(3) of the Model Law or this section may be brought only with the permission of the appellate court.[12/2012; 40/2019] [Act 25 of 2021 wef 01/04/2022] (5) There is no appeal against a refusal for grant of permission of the appellate court.[12/2012; 40/2019] [Act 25 of 2021 wef 01/04/2022] (6) Where the General Division of the High Court, or the appellate court on appeal, decides that the arbitral tribunal has jurisdiction —(a) the arbitral tribunal must continue the arbitral proceedings and make an award; and (b) where any arbitrator is unable or unwilling to continue the arbitral proceedings, the mandate of that arbitrator terminates and a substitute arbitrator must be appointed in accordance with Article 15 of the Model Law.[12/2012; 40/2019] (7) In making a ruling or decision under this section that the arbitral tribunal has no jurisdiction, the arbitral tribunal, the General Division of the High Court or the appellate court (as the case may be) may make an award or order of costs of the proceedings, including the arbitral proceedings (as the case may be), against any party.[12/2012; 40/2019] (8) Where an award of costs is made by the arbitral tribunal under subsection (7), section 21 applies with the necessary modifications.[12/2012] (9) Where an application is made pursuant to Article 16(3) of the Model Law or this section —(a) such application does not operate as a stay of the arbitral proceedings or of enforcement of any award or order made in the arbitral proceedings unless the General Division of the High Court orders otherwise; and (b) no intermediate act or proceeding is invalidated except so far as the General Division of the High Court may direct.[12/2012; 40/2019] [Act 25 of 2021 wef 01/04/2022] (10) Where there is an appeal from the decision of the General Division of the High Court pursuant to subsection (4) —(a) such appeal does not operate as a stay of the arbitral proceedings or of enforcement of any award or order made in the arbitral proceedings unless the General Division of the High Court or the appellate court orders otherwise; and (b) no intermediate act or proceeding is invalidated except so far as the appellate court may direct.[12/2012; 40/2019] [Act 25 of 2021 wef 01/04/2022] (11) In this section, “appellate court” means the court to which an appeal under Article 16(3) of the Model Law or this section is to be made under section 29C of the Supreme Court of Judicature Act 1969.[40/2019]