Issue- Whether the issue of non-arbitrability is a matter of tribunal's jurisdiction under

Section 16 of A&C Act or not

Explanation- Though the Arbitration Act is silent insofar as specifically listing which matters
are non-arbitrable, a number of judicial pronouncements have added clarity to this issue.

Issues of non-arbitrability can be raised before the arbitral tribunal itself during the arbitration
proceedings by filing an application under Section 16 of the Act. If there is a disagreement as
to whether the dispute falls within the realm of the arbitration agreement, the arbitrator is
given jurisdiction to form a view in the matter. The arbitrator is empowered to rule on its own
jurisdiction.