Article 1052 - Pleas as to the Jurisdiction of the Arbitral Tribunal

1. The arbitral tribunal shall have the power to decide on its own jurisdiction.

2. A party who appeared in the arbitral proceedings shall raise a plea that the arbitral tribunal lacks jurisdiction on the ground that there is no valid arbitration agreement, unless the plea is made on the ground that the dispute is not capable of settlement by arbitration by virtue of article 1020(3), before submitting a defence; thereafter that party will be barred from raising this plea in the arbitral proceedings or in proceedings before the court.

3. A party who has participated in the constitution of the arbitral tribunal may not, in the arbitral proceedings or in proceedings before the court, raise the plea that the arbitral tribunal lacks jurisdiction on the ground that the arbitral tribunal is constituted in violation of the applicable rules. A party who has made an appearance in the arbitral proceedings and who has not participated in the constitution of the arbitral tribunal, shall raise the plea that the arbitral tribunal lacks jurisdiction on the ground that the arbitral tribunal is constituted in violation of the applicable rules before submitting a defence; thereafter that party will be barred from raising this plea in the arbitral proceedings or in proceedings before the court.

4. Any decision in which the arbitral tribunal declares that it has jurisdiction can be challenged only by the means of recourse mentioned in article 1064(1) in conjunction with the challenge of a subsequent final or partial final award.

5. Unless the parties have agreed otherwise, the court shall have jurisdiction to try the case if the arbitral tribunal declares that it lacks jurisdiction.

6. Appeal to a second arbitral tribunal shall, if agreed, be allowed against both a decision of the arbitral tribunal that it has jurisdiction and a decision that it lacks jurisdiction. In such event the court shall have jurisdiction under paragraph (4) or (5) above only after a decision is made on appeal to the second arbitral tribunal or after the time limit for appeal has lapsed without the appeal having been lodged or earlier, if the right to appeal is renounced in writing.