Question

A party shall be precluded from raising the question of jurisdiction of arbitral tribunal _____________.

• A. where he has appointed the arbitrator
• B. where he has participated in the appointment of the arbitrator
• C. both (a) and (b)
• D. neither (a) nor (b)

Answer 1

The correct option is D neither (a) nor (b)

A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence; however, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator. Therefore the party shall not be precluded from raising the question of jurisdiction of arbitral tribunal.