الهيئة الدولية للتحكيم

الهيئة الدولية للتحكيم
(1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to
the existence or the validity of the arbitration agreement. For that purpose, an arbitration clause that
forms part of a contract shall be treated as an agreement independent of the other terms of the
contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso
iure the invalidity of the arbitration clause.
(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the
submission of the statement of defense in which the respondent raised issues related to the Law on Arbitration (Arbitration Act)


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substance of the dispute. A party is not precluded from raising such a plea by the fact that he has
appointed or participated in the appointment of an arbitrator. A plea that the arbitral tribunal is
exceeding the scope of its authority shall be made as soon as the matter alleged to be beyond the
scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either
case, admit a later plea if it considers the delay justified.
(3) The arbitral tribunal may rule on a plea referred to in paragraph 2 of this article either as a
preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary
question that it has jurisdiction, any party may request, within thirty days after having received
notice of that ruling, the court specified in Article 43, paragraph 1 of this Law to decide the matter.
While such a request is pending, the arbitral tribunal may continue the arbitral proceedings and
make an award.
(4) The court proceedings from paragraph 3 of this Article shall be urgent.
Interim measures in arbitral proceedings .
الهيئة الدولية للتحكيم