Answer ... The Arbitration and Conciliation Act and the Lagos State Arbitration Law have similar provisions to the effect that an objection to the jurisdiction of the tribunal must be raised no later than the time of submission of the points of dispute/defence.

By virtue of Article 21, paragraph 3 of the Arbitration Rules of the Arbitration and Conciliation Act, a plea that the arbitral tribunal does not have jurisdiction must be raised no later than in the statement of defence or, with respect to a counterclaim, in the reply to the counterclaim.

Answer ... Yes. Section 12(1) of the Arbitration and Conciliation Act and Section 19(1) of the Lagos State Arbitration Law provide that an arbitral tribunal is competent to rule on questions pertaining to its own jurisdiction with respect to the existence or validity of an arbitration agreement.

Answer ... Neither the Arbitration and Conciliation Act nor the Lagos State Arbitration Law provides for instances or circumstances in which a party can apply to the courts of the seat for a ruling on the jurisdiction of the tribunal. However, Section 34 of the Arbitration and Conciliation Act states that a court will not intervene in any matter governed by the act, except where so provided in the act. Also, given that the tribunal can rule on its own jurisdiction, a party can bring an application asking that the court stay any proceedings in which it has been asked to rule on the jurisdiction of the tribunal.