Jurisdiction of Arbitral Tribunals

Section 16 of Arbitration and Conciliation Act Jurisdiction

• To decide Jurisdiction, Arbitral Tribunal is competent to decide the dispute.
• Existence of arbitration agreement.
• Kompetenz
  • Legal doctrine that gives legal bodies the authority to determine their own jurisdiction.

Union of India v/s Rattan singh 1999

In case of Union of India v. rattan singh the supreme court observed that Dispute as to in what way jurisdiction is exercised by Arbitral Tribunal, Court can not interfere.

Subh laxmi fabric v. Chandan Barodia

In this case Subh laxmi fabric v. Chandan Barodia The court held that if the objection is raised regarding the non existence of arbitration agreement, then proper forum to decide such objection Arbitral Tribunal itself.

Competence of Arbitral Tribunal to rule on its jurisdiction

Section 16 (1) of Arbitration and Conciliation Act

Jurisdiction tribunal may rule
on its own jurisdiction section 16(1) of arbitration and conciliation act

Section 16 (1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose.

Section 16(1)(a) arbitration and conciliation act arbitration clause

• (a) an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract.

Arbitration and conciliation act section 16(1)(b) entail ipso jure

• (b) a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.

Section 16 (2) of Arbitration and Conciliation Act Jurisdiction arbitral tribunal not have jurisdiction

A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence.

However, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator.

Sub-Section 3 of Section 16 of Arbitration and Conciliation Act

A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.

Arbitration and Conciliation Act Section 16 (4) Jurisdiction

The arbitral tribunal may, in either of the cases referred to in sub-section (2) or sub-section (3), admit a later plea if it considers the delay justified.

Section 16 (5) of Arbitration and Conciliation Act Jurisdiction

The arbitral tribunal shall decide on a plea referred to in sub-section (2) or sub-section (3) and,

Where the arbitral tribunal takes a decision rejecting the plea, continue with the arbitral proceedings and make an arbitral award.

Arbitration and Conciliation Act Section 16 (6) Jurisdiction

A party aggrieved by such an arbitral award may make an application for setting aside such an arbitral award in accordance with section 34.

Interim measures ordered by arbitral tribunal Section 17 arbitration and conciliation act

Section 17(1) arbitration and conciliation act

(1) A party may, during the arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to the arbitral tribunal.

• (i) for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or

(ii) for an interim measure of protection in respect of any of the following matters, namely.

• (a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement.
• (b) securing the amount in dispute in the arbitration.
• (c) the detention, preservation or inspection of any property or
  • thing which is the subject-matter of the dispute in arbitration, or
  • as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or
  • authorising any samples to be taken, or any observation to be made, or
  • experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or
  • evidence.
• (d) interim injunction or the appointment of a receiver.
• (e) such other interim measure of protection as may appear to the arbitral tribunal to be just and convenient,
• And the arbitral tribunal shall have the same power for making orders, as the court has for the purpose of, and in relation to, any proceedings before it.

Arbitration and conciliation act section 17(2) orders passed Jurisdiction

Subject to any orders passed in an appeal under section 37, any order issued by the arbitral tribunal under this section shall be deemed to be an order of the Court for all purposes.

And shall be enforceable under the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were an order of the Court.