Appeals from Jurisdictional Rulings and Order 48 (opens in a new tab)

Authors

University of Yaoundé I

Other authors

Goh Nelson
Lim Jonathan

Oxford University Press eBooks

Abstract

Abstract Section 10 discusses appeals from jurisdictional rulings under Section 10 of the IAA. The chapter begins with a discussion of Section 10(1), and the relationship and key differences between Section 10 of the IAA and Article 16(3) of the Model Law. It then discusses Section 10(2), which expressly states that the arbitral tribunal may rule on a plea that it has no jurisdiction at any stage of the arbitral proceedings. The chapter also discusses Section 10(3), which sets out the nature and ambit of the court’s power to rule on an arbitral tribunal’s jurisdiction. F The chapter follows with a discussion of the implications of the court’s power to make an award or order of costs under Sections 10(7) and 10(8), as well as a stay of arbitration under Section 10(9)(a) of the IAA. Finally, the chapter discusses the procedure that applies to appeals from jurisdictional rulings and other recourse to courts in matters related to the IAA, as set out in Order 48 of the Rules of Court 2021.

Keywords

Tan Paul