Objection to Arbitral Tribunal’s Jurisdiction: A Critical and Analytical Study
K Guna Sekhar, Law Clerk at AP High Court & Sravani K, DSNLU, Vizag.
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.