SIAC Arb SIAC Arbitration Rules (2025)
SIAC Arb
SIAC Arbitration Rules (2025)
31.1 The Tribunal shall have the power to rule on its own jurisdiction, including any objections with respect to the existence, validity, applicability, or scope of the arbitration agreement. An arbitration agreement which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the Tribunal that the contract is non-existent or null and void shall not entail automatically the invalidity of the arbitration agreement.
31.2 Any objection that:
(a) the Tribunal does not have jurisdiction shall be raised no later than in a Statement of Defence or with respect to a counterclaim, in a Statement of Defence to a Counterclaim; or
(b) the Tribunal is exceeding the scope of its jurisdiction shall be raised within 15 days from the date that the matter alleged to be beyond the scope of the Tribunal’s jurisdiction arises during the arbitration.
The Tribunal may admit an objection raised by a party outside the time limits under this Rule 31.2 if it considers the delay to be justified. A party is not precluded from raising an objection under this Rule 31.2 by the fact that it has nominated, or participated in the nomination of, an arbitrator.
31.3 The Tribunal may rule on an objection referred to in Rule 31.2 either as a preliminary question or in a decision or award on the merits.
Import: