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?
 
Hong Kong
A plea that the tribunal does not have jurisdiction must be raised no later than submission of the statement of defence. A party is not precluded from raising such a plea by the fact that it has appointed or participated in the appointment of an arbitrator. A plea that the tribunal is exceeding the scope of its authority must be raised as soon as the matter alleged to be beyond the scope of its authority arises during the arbitration proceedings. In either case, the tribunal may admit a later plea if it considers the delay justified (Section 34(1) of the AO, adopting Article 16(2) of the Model Law).

Where the tribunal rules that it has jurisdiction, any party may request, within 30 days of receiving notice of the ruling, that the court decide on the matter (which decision cannot be appealed) (Section 34(1), adopting Article 16(3) of the Model Law).

However, where the tribunal rules that it has no jurisdiction to decide a dispute, such decision is not subject to appeal (Section 34(4) of the AO).

For more information about this answer please contact: Nick Gall from Gall
4.2
Can a tribunal rule on its own jurisdiction?
 
Hong Kong
An arbitral tribunal may rule on its own jurisdiction, including any objections with respect to its constitution, matters submitted to arbitration and the existence or validity of the arbitration agreement (Section 34(1) of the AO, adopting Article 16(1) of the Model Law).

For more information about this answer please contact: Nick Gall from Gall
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Hong Kong
Yes. Where the tribunal has given a ruling on a preliminary question as to jurisdiction, but without making an award, application is made to the judge, sitting in chambers, by summons (Order 73, Rules 3 and 4 of the Rules of the High Court). Such application must be made to the court within 30 days of receiving notice of the tribunal’s ruling (Section 34(1) of the AO, adopting Article 16(3) of the Model Law).

For more information about this answer please contact: Nick Gall from Gall
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