Section 20: Competence as to jurisdiction

20. Competence as to jurisdiction (1) An arbitral tribunal may rule on its own jurisdiction, including on any objection with respect to the existence or validity of the arbitration agreement. [Issue 2] I15A – 12 Revised Laws of Mauritius (2) An arbitration clause which forms part of a contract shall be treated for the purposes of subsection (1) as an agreement independent of the other terms of the contract, and a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. (3) (a) Subject to subsection (5), a plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. (b) A party shall not be precluded from raising such a plea by the fact that it has appointed, or participated in the appointment of, an arbitrator. (4) Subject to subsection (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. (5) The arbitral tribunal may admit a later plea under subsection (3) or (4) if it considers the delay justified. (6) The arbitral tribunal may rule on a plea referred to in subsection (3) or (4) as a preliminary question or in an award on the merits. (7) Where the arbitral tribunal rules on the plea as a preliminary question, any party may, within 30 days after having received notice of that ruling, request the Supreme Court to decide the matter, and, while such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make one or more awards. PART IV – INTERIM MEASURES