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September 03, 2014
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19.1    Determination of NCAC jurisdiction prior to constitution of Tribunal
If a party objects to the existence or validity of the arbitration agreement or to the competence of NCAC to administer arbitration for the case before the Tribunal is appointed, NCAC, through the Appointment Committee, shall determine if such an objection is properly submitted to NCAC. If the Appointment Committee determines that NCAC has no competence to administer arbitration for the case,the Appointment Committee may decide to terminate the arbitration proceedings. Any decision by the Appointment Committee is without prejudice to the power of the Tribunal to rule on its own jurisdiction.

19.2    Tribunal ruling on its own jurisdiction
The Tribunal shall have the power to rule on its own jurisdiction, including on any objections with respect to the existence, validity or scope of the arbitration agreement.
If the Tribunal rules that it has jurisdiction, any party may request, within 30 (thirty) calendar days after having received notice of that ruling, the competent court to decide the matter, after which such a ruling shall not besubject to any appeal.While a request for a court decision on the question of Tribunal’s jurisdiction is pending, the Tribunal may continue the arbitration proceedings and make an award.

19.3    Contract and arbitration clause
If an arbitration clause forms part of a contract, it shall, for the purposes of this Rule 19(Plea as to the jurisdiction of the Tribunal)be treated as an agreement independent of the other terms of the contract. A decision by the Tribunal that the contract is null and void shall not for that reason alone render invalid the arbitration clause.

19.4    Plea that Tribunal has no jurisdiction
A plea that the Tribunal does not have jurisdiction shall be raised before submission ofthe Statement of Defense for any jurisdictional issue related to the claim(s) or before submission ofthe Statement of Defense to a Counterclaim for any jurisdictional issue related to the counterclaim. However, the Tribunal may admit a later plea if it considers the delay justified.
A party is not precluded from raising the above plea by the fact that it has appointed, or participated in the appointment of, an arbitrator.

19.5    Plea that Tribunal is exceeding its jurisdiction
A plea that during the arbitration proceedings the Tribunal is exceeding its jurisdiction shall be raised as soon as the matter alleged to be beyond its jurisdiction arises. However, the Tribunal may admit a later plea if it considers the delay justified.

19.6    Ruling on plea as preliminary question or in award on merits
The Tribunal may rule on a plea concerning its jurisdiction as a preliminary question or in an award on the merits.

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