(1)A person alleged to be a party to an arbitration but who takes no part in the arbitration may, by court proceedings, question—
(a)whether there is a valid arbitration agreement (or, in the case of a statutory arbitration, whether the enactment providing for arbitration applies to the dispute),
(b)whether the tribunal is properly constituted, or
(c)what matters have been submitted to arbitration in accordance with the arbitration agreement,
and the court may determine such a question by making such declaration, or by granting such interdict or other remedy, as it thinks appropriate.
(2)Such a person has the same right as a party who participates in the arbitration to appeal against any award made in the arbitration under rule 67 or 68 (jurisdictional and serious irregularity appeals) and rule 71(2) does not apply to such an appeal.