17 Jurisdiction of Arbitral Tribunal Jurisdiction, objections
conduct the arbitration and may in that connection rule on
objections with respect to the existence or validity of the arbitration
agreement.
(2) The arbitral tribunal may determine any question of law that
arises during the arbitration.
(3) If the arbitration agreement forms part of another agreement, it
shall, for the purposes of a ruling on jurisdiction, be treated as an
independent agreement that may survive even if the other
agreement is found to be invalid.
(4) A party who objects to the arbitral tribunal's jurisdiction to
conduct the arbitration shall do so no later than the beginning of the
hearing or, if there is no hearing, no later than the first occasion on
which the party submits a statement referred to in section 25 to the
tribunal.
(5) A party who has appointed or participated in the appointment
of an arbitrator is not prevented from objecting to the jurisdiction
of the arbitral tribunal to conduct the arbitration.
(6) A party who objects that the arbitral tribunal is exceeding its
jurisdiction shall do so as soon as the matter alleged to be beyond
the tribunal's jurisdiction is raised during the arbitration.
RSA 2000
(7) Notwithstanding section 4, if the arbitral tribunal considers the
delay justified, a party may object after the time referred to in
subsection (4) or (6), as the case may be, has passed.
(8) The arbitral tribunal may rule on an objection when it is raised
or may deal with it in an award.
(9) If the arbitral tribunal rules on an objection as a preliminary
question, a party may, within 30 days after receiving notice of the
ruling, make an application to the court to decide the matter.
(10) There is no appeal from the court's decision on an application
under subsection (9).
(11) While an application is pending, the arbitral tribunal may
continue the arbitration and make an award.
1991 cA-43.1 s17