Article 16 of UNCITRAL Model Law (Competence of arbitral tribunal to rule on its jurisdiction)
(1) Article 16 of the UNCITRAL Model Law, the text of which is set out below, has effect subject to section 13(5)¡X
¡§Article 16. Competence of arbitral tribunal to rule on its jurisdiction
(1) 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.
(2) 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.
(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 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.¡¨.
(2) The power of the arbitral tribunal to rule on its own jurisdiction under subsection (1) includes the power to decide as to¡X
(a) whether the tribunal is properly constituted; or
(b) what matters have been submitted to arbitration in accordance with the arbitration agreement.
(3) If a dispute is submitted to arbitration in accordance with an arbitration agreement and a party¡X
(a) makes a counter-claim arising out of the same dispute; or
(b) relies on a claim arising out of that dispute for the purposes of a set-off,
the arbitral tribunal has jurisdiction to decide on the counter-claim or the claim so relied on only to the extent that the subject matter of that counter-claim or that claim falls within the scope of the same arbitration agreement.
(4) A ruling of the arbitral tribunal that it does not have jurisdiction to decide a dispute is not subject to appeal.
(5) Despite section 20, if the arbitral tribunal rules that it does not have jurisdiction to decide a dispute, the court must, if it has jurisdiction, decide that dispute.