17(1)An arbitral tribunal may rule on its own jurisdiction to conduct the arbitration and may in that connection rule on objections with respect to the existence or validity of the arbitration agreement.

17(2)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 main agreement is found to be invalid.

17(3)A party who has an objection to the arbitral tribunal’s jurisdiction to conduct the arbitration shall make the objection 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 to the tribunal.

17(4)The fact that a party has appointed or participated in the appointment of an arbitrator does not prevent the party from making an objection to jurisdiction.

17(5)A party who has an objection that the arbitral tribunal is exceeding its authority shall make the objection as soon as the matter alleged to be beyond the tribunal’s authority is raised during the arbitration.

17(6)Despite section 4, if the arbitral tribunal considers the delay justified, a party may make an objection after the time limit referred to in subsection (3) or (5), as the case may be, has expired.

17(7)The arbitral tribunal may rule on an objection as a preliminary question or may deal with it in an award.

17(8)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.

17(9)There is no appeal from the court’s decision.

17(10)While an application is pending, the arbitral tribunal may continue the arbitration and make an award.