Singapore legislation
Clause 4
Clause 4
Repeal and re-enactment of section 10
Section 10 of the principal Act is repealed and the following section substituted therefor:“Appeal on ruling of jurisdiction10.—
This section shall have effect notwithstanding Article 16(3) of the Model Law.(2) An arbitral tribunal may rule on a plea that it has no jurisdiction at any stage of the arbitral proceedings.(3) If the arbitral tribunal rules —
on a plea as a preliminary question that it has jurisdiction; or
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 High Court to decide the matter.(4) An appeal from the decision of the High Court made under Article 16(3) of the Model Law or this section shall lie to the Court of Appeal only with the leave of the High Court.(5) There shall be no appeal against a refusal for grant of leave of the High Court.(6) Where the High Court, or the Court of Appeal on appeal, decides that the arbitral tribunal has jurisdiction —
the arbitral tribunal shall 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 shall terminate and a substitute arbitrator shall be appointed in accordance with Article 15 of the Model Law.(7) In making a ruling or decision under this section that the arbitral tribunal has no jurisdiction, the arbitral tribunal, the High Court or the Court of Appeal (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.(8) Where an award of costs is made by the arbitral tribunal under subsection (7), section 21 shall apply with the necessary modifications.(9) Where an application is made pursuant to Article 16(3) of the Model Law or this section —
such application shall not operate as a stay of the arbitral proceedings or of execution of any award or order made in the arbitral proceedings unless the High Court orders otherwise; and
no intermediate act or proceeding shall be invalidated except so far as the High Court may direct.(10) Where there is an appeal from the decision of the High Court pursuant to subsection (4) —
such appeal shall not operate as a stay of the arbitral proceedings or of execution of any award or order made in the arbitral proceedings unless the High Court or the Court of Appeal orders otherwise; and
no intermediate act or proceeding shall be invalidated except so far as the Court of Appeal may direct.”.