Arbitration Act 2001 · 2020 Revised Edition · Part 6 · Jurisdiction of Arbitral Tribunal
21A. Appeal on ruling of jurisdiction
Feedback & supportLast amended by an amending law of 2021. 3 amendments in all.
An appeal from the decision of the Court made under section 21 lies to the appellate court only with the permission of the appellate court.
There is no appeal against a refusal for grant of permission of the appellate court.
appellate court
“appellate court” means the court to which an appeal from a decision of the Court is to be made under section 29C of the Supreme Court of Judicature Act 1969;
Where the Court, or the appellate court on appeal, decides that the arbitral tribunal has jurisdiction —
arbitral tribunal
“arbitral tribunal” means a sole arbitrator or a panel of arbitrators or an arbitral institution, and includes an emergency arbitrator appointed pursuant to the rules of arbitration agreed to or adopted by the parties including the rules of arbitration of an institution or organisation;
the arbitral tribunal must continue the arbitral proceedings and make an award; and
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 section 18.
In making a ruling or decision under this section or section 21 that the arbitral tribunal has no jurisdiction, the arbitral tribunal, the 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.
award
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any order or direction made under section 28;
Where an award of costs is made by the arbitral tribunal under subsection (4), section 39(1) applies with the necessary modifications.
Where an application is made pursuant to section 21 ―(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 Court orders otherwise; and
no intermediate act or proceeding is invalidated except so far as the Court may direct.
Where there is an appeal from the decision of the Court pursuant to subsection (1) —
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 Court or the appellate court orders otherwise; and
no intermediate act or proceeding is invalidated except so far as the appellate court may direct.