Objection to Arbitral Tribunal’s Jurisdiction: A Critical and Analytical Study


K Guna Sekhar, Law Clerk at AP High Court & Sravani K, DSNLU, Vizag.



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ABSTRACT


Section 16 of the Arbitration and Conciliation Act, 1996 deals with the competency of the arbitral tribunal. If the litigating parties have any objection to the arbitral tribunal then they can raise before the arbitral tribunal under Section 16 during the proceedings. The judicial authorities don’t have much power to interfere in these jurisdiction matters. There are various views given by the court regarding when to raise the objection that is either at the beginning or later. That ambiguity still exists. In the project, the author would highlight that issue and other related issues such as who should raise the issue, whether the issue of limitation is a jurisdictional issue or not, etc. The author would conclude the paper by mentioning the 2015 & 2019 Arbitration and Conciliation Amendment Acts' effect on Section 16 of the 1996 Act.


 



Journal Details
Abbreviation: NLR 

ISSN:   2582-8479 (O)

Year of Starting: 2020

Place: New Delhi, India

Accessibility: Open Access

Peer Reviewer: Double Blind

Licensing:

 

​All research articles published in NLR and are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution, and reproduction in any medium provided the original work is properly cited.

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