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Conclusion: Page - 1

Section 16 of the Arbitration and Conciliation Act 1996 provides that: 1) An arbitral tribunal has the power to rule on its own jurisdiction and on any objections to the existence or validity of the arbitration agreement. 2) The arbitration agreement is treated as independent of other terms of the contract and the finding of invalidity of the contract does not invalidate the arbitration agreement. 3) Objections to the tribunal's jurisdiction must be raised no later than the submission of the statement of defence and a party is not precluded from raising such objections due to participating in the appointment of arbitrators. 4) The tribunal's rulings on jurisdiction and scope of authority are subject

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141 views2 pages

Conclusion: Page - 1

Section 16 of the Arbitration and Conciliation Act 1996 provides that: 1) An arbitral tribunal has the power to rule on its own jurisdiction and on any objections to the existence or validity of the arbitration agreement. 2) The arbitration agreement is treated as independent of other terms of the contract and the finding of invalidity of the contract does not invalidate the arbitration agreement. 3) Objections to the tribunal's jurisdiction must be raised no later than the submission of the statement of defence and a party is not precluded from raising such objections due to participating in the appointment of arbitrators. 4) The tribunal's rulings on jurisdiction and scope of authority are subject

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Ankit Bhatt
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CONCLUSION

Thus to conclude it could be stated that Sec. 16 provides:


a) The arbitral tribunal may give finding on its own jurisdiction;
b) The Tribunal may give findings on any objection relating to the existence or validity of
the arbitration agreement;
c) For the purpose of deciding the jurisdiction and objections, arbitration clause forming
part of the contract may be treated as independent agreement, separate from other terms
of the contract;
d) The decision of arbitral tribunal that a contract is null and void shall not invalidate the
arbitration clause ipso jure;
e) The plea that arbitral tribunal does not have jurisdiction shall be raised not later than
submission of defence statement;
f) A party shall not be precluded from raising plea of absence of jurisdiction merely because
such party has appointed the arbitrator or has participated in the appointment of
arbitrator;
g) The plea that the tribunal is exceeding scope of authority is required to be raised as soon
as the matter alleged to be beyond the scope of its authority is raised during the arbitral
proceedings;
h) The pleas of jurisdiction of the arbitral tribunal or exceeding the scope of its authority can
be allowed to be raised after the submission of the statement of defence if it is found that
the delay in raising such plea was justified;
i) The tribunal shall decide the plea of jurisdiction and exceeding the scope of authorities
and when the plea is rejected, the arbitral tribunal shall continue with the arbitral
proceedings and would make arbitral award; and
j) The party aggrieved from any order passed under this Sec. has the remedy of filing
application for setting aside the award according to the provisions of Sec. 34 and to
challenge the orders passed by the arbitral tribunal under this Sec.
This Sec. has been incorporated, with an intention to curtail the time consuming litigation
regarding the matters relating to appointment of an arbitrator/arbitrators.

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BIBLIOGRAPHY
Legislations
 Arbitration Act 1940.
 Arbitration and Conciliation Act 1996.

UN Documents
UNCITRAL Model Law.

Books
 Justice Bachawat’s Law of Arbitration & Conciliation (vol 1), Wadhwa& Co., Nagpur.
 Redfern A and Hunter M, Law and Practice of International Commercial Arbitration (4th
edn, Sweet and Maxwell 2004).

Articles
 Brekoulakis S, ‘The Negative Effect of Compétence- Compétence: The Verdict has to be
Negative’ Queen Mary University of London, School of Law Legal Studies (Research Paper
No. 22/2009) available at <http://ssrn.com/abstract=1414325>.
 Chillakuru V, ‘The Rule of Competence-Competence: A Comparative Analysis of Indian and
English Law’ [2013] 6(1) Contemporary Asia Arbitration Journal.
 Jones D, ‘Competence-Competence’ [2009] 75 ARB: The International Journal of
Arbitration, Mediation & Dispute Management.
 Kawharu A, ‘Arbitral Jurisdiction’23 New Zealand University Law Review (December
2008).

Weblinks
 https://lawtimesjournal.in/doctrine-of-competence-competence/
 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2273974

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