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Arbitration Act 1996

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32 Determination of preliminary point of jurisdiction.E+W+N.I.

(1)The court may, on the application of a party to arbitral proceedings (upon notice to the other parties), determine any question as to the substantive jurisdiction of the tribunal.

A party may lose the right to object (see section 73).

(2)An application under this section shall not be considered unless—

(a)it is made with the agreement in writing of all the other parties to the proceedings, or

(b)it is made with the permission of the tribunal and the court is satisfied—

(i)that the determination of the question is likely to produce substantial savings in costs,

(ii)that the application was made without delay, and

(iii)that there is good reason why the matter should be decided by the court.

(3)An application under this section, unless made with the agreement of all the other parties to the proceedings, shall state the grounds on which it is said that the matter should be decided by the court.

(4)Unless otherwise agreed by the parties, the arbitral tribunal may continue the arbitral proceedings and make an award while an application to the court under this section is pending.

(5)Unless the court gives leave, no appeal lies from a decision of the court whether the conditions specified in subsection (2) are met.

(6)The decision of the court on the question of jurisdiction shall be treated as a judgment of the court for the purposes of an appeal.

But no appeal lies without the leave of the court which shall not be given unless the court considers that the question involves a point of law which is one of general importance or is one which for some other special reason should be considered by the Court of Appeal.

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