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- 1 Astro Nusantara International BV and others v PT Aunda Prima Mitra and others [2012] SGHC 212
- Bharat Aluminium v. Kaiser Aluminium (2012) 9 SCC 552
- SIAC Rules, Rule 24: Additional Powers of the Tribunal
- 24.1 In addition and not in derogation of the powers conferred by any applicable law of the arbitration, the Tribunal shall have the power to:
- allow other parties to be joined in the arbitration with their express consent, and make a single final award determining all disputes among the parties to the arbitration;
- Section 3 of the IAA.
- Article 16 - Competence of arbitral tribunal to rule on its jurisdiction
- The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which 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 jure the invalidity of the arbitration clause.
- A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. 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 raised 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.
- 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 6 to decide the matter, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.
- Article 36 of the Model Law provides grounds for refusal of enforcement. This Article is not a part of the IAA since the IAA adopts Article V of the New York Convention.
- para 77, at pg 37
- paras 78-81 at pgs 38,39
- Bharat Aluminium v. Kaiser Aluminium (2012) 9 SCC 552, at para 88.
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