(3)
Where oral evidence is given in a language other than English, such evidence shall be
accompanied by simultaneous interpretation into English.
Rule 23: Objection as to Jurisdiction
(1)
The Tribunal shall have jurisdiction to hear and determine any matter in accordance
with Article 32 of the Treaty, namely, disputes:(a)
arising from an arbitration clause contained in a contract or agreement which
confers such jurisdiction to which the Community or any of its institutions is a
party; or
(b)
arising from a dispute between the Partner States regarding the Treaty, if the
dispute is submitted to it under a special agreement between the Partner States
concerned; or
(c)
arising from an arbitration clause contained in a commercial contract or
agreement in which the parties have conferred jurisdiction on the Court.
(2)
The Tribunal shall have power to decide on an objection that it has no jurisdiction,
including any objection concerning to the existence or validity of the arbitration
agreement, and its decision shall be final.
(3)
An objection that the Tribunal does not have jurisdiction shall be raised not later than
in the Statement of Defence or, with respect to a counterclaim, in the reply to the
counterclaim.
(4)
An objection that the Tribunal is exceeding the scope of its jurisdiction, shall be
raised as soon as the matter alleged to be beyond the scope of its jurisdiction is raised
during the arbitral proceedings.
(5)
The Tribunal may, in either of the cases referred to in sub-rule (3) or (4), admit a late
objection if it considers the delay justified.
(6)
The Tribunal shall rule on an objection:(a)
to its jurisdiction as a preliminary question;
(b)
concerning the existence or validity of an arbitration agreement either as a
preliminary question or the Tribunal may, in exceptional circumstances, proceed
with the arbitration and rule on such objection in its final award.
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