Hong Kong Regulations

LEVERAGED FOREIGN EXCHANGE TRADING (ARBITRATION) RULES - SECT 26

Jurisdiction

Caution: This is a past version. See the current version here.

(1) The arbitrator shall have the power to rule on objections that he has no
jurisdiction, including any objections with respect to the existence or
validity of the arbitration clause or, as the case may be, the arbitration
agreement.

(2) A plea that the arbitrator does not have jurisdiction shall be raised not
later than in the statement of defence or, with respect to a counter-claim, in
the reply to the counter-claim.

(3) The arbitrator shall normally rule on a plea concerning his jurisdiction
as a preliminary question, but he shall have the power to proceed with the
arbitration and rule on such a plea in his final award.

(4) An arbitration clause which forms part of an agreement and which provides
for arbitration under these Rules shall be treated as being independent of the
other terms of the agreement and any decision by the arbitrator or a court of
law declaring that an agreement is null and void shall not of itself
invalidate the arbitration clause. (Enacted 1994)