Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
South Africa
Article 16(2) of Schedule 1 to the act requires a party seeking to challenge the jurisdiction of the tribunal to do so no later than the submission of the statement of defence.

Insofar as the objection relates to conduct of the tribunal which exceeds the scope of authority, this is to be raised as soon as the matter alleged to be beyond the scope of the tribunal’s powers is raised in the proceedings.

The tribunal may admit a later plea (of lack of jurisdiction) if it considers the delay justified. No formalities are prescribed for the raising of such an objection.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills
4.2
Can a tribunal rule on its own jurisdiction?
 
South Africa
Yes, in accordance with Article 16(1) of Schedule 1 to the act, the tribunal may rule on its own jurisdiction.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
South Africa
Yes, but only after a tribunal has made a ruling in accordance with Article 16(3) of Schedule 1 to the act. Such an application must be made to the court within 30 days of receiving the ruling concerned.

The decision of the court is not subject to appeal.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills