(1) A party to arbitral proceedings mayu2026 apply to the court.(2) In such a case he is in the same position as a party to arbitral proceedings who challenges an award on the ground that there was no substantive jurisdiction.(3) In this case we are dealing with an informal arbitration proceedings and despite its informality, clearly there were some essential steps during the arbitral process that required formality.(4) The court may, on the application of a party to arbitral proceedings, determine any question as to the substantive jurisdiction of the tribunal as a preliminary point.(5) Unless otherwise agreed by the parties, the arbitral tribunal may rule on its own substantive jurisdiction.(6) If the case is one of urgency, the court may, on the application of a party or proposed party to the arbitral proceedings, make such orders as it thinks necessary for the purpose of preserving evidence or assets.(7) An arbitral tribunal shall be constituted to settle.(8) Those rules relate, for example, to agreements whereby parties refer a dispute to arbitration and the recognition and enforcement of arbitral awards.(9) The arbitral tribunal may rule on a plea referred to in paragraph of this article either as a preliminary question or in an award on the merits.(10) The Second Hague Peace Conference adopted a convention establishing a new court of arbitral justice but could not agree on a procedure for appointing the judges.(11) By the law of England (though not, as I understand, by the law of Scotland) such an arbitration clause would also confer authority to assess damages for breach, even though it does not confer upon the arbitral body express power to do so.(12) The arbitral tribunal may therefore have failed to deal properly with the issues but it will not have failed to deal with them.(13) But if they do, their binding arbitration is just as valid as a binding arbitration before a secular arbitral tribunal enforcing secular law.(14) The Courts, when called upon to exercise the supervisory role assigned to them under the Arbitration Act, 1996, are acting as a branch of the state, not as a mere extension of the consensual arbitral process.(15) Spurred by the arbitral settlement of the Alabama case, the campaign expanded to other nations, notably Switzerland and France.(16) Any such ruling may be challenged by any available arbitral process of appeal or review or in accordance with the provisions of this Part.
