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  • Jurisdiction of Arbitral Tribunal

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    Ashutosh Bagchi
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    The document discusses the jurisdiction of arbitral tribunals. It outlines that the tribunal may rule on its own jurisdiction, including any objections to the arbitration agreement. Any plea questioning jurisdiction must be raised by the time a statement of defense is submitted. It also allows interim measures ordered by the tribunal, such as preserving goods, securing amounts in dispute, and interim injunctions, with the same powers as courts to make orders for interim protection.

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    The document discusses the jurisdiction of arbitral tribunals. It outlines that the tribunal may rule on its own jurisdiction, including any objections to the arbitration agreement. Any plea questioning jurisdiction must be raised by the time a statement of defense is submitted. It also allows interim measures ordered by the tribunal, such as preserving goods, securing amounts in dispute, and interim injunctions, with the same powers as courts to make orders for interim protection.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    22 views4 pages

    Jurisdiction of Arbitral Tribunal

    Uploaded by

    Ashutosh Bagchi
    The document discusses the jurisdiction of arbitral tribunals. It outlines that the tribunal may rule on its own jurisdiction, including any objections to the arbitration agreement. Any plea questioning jurisdiction must be raised by the time a statement of defense is submitted. It also allows interim measures ordered by the tribunal, such as preserving goods, securing amounts in dispute, and interim injunctions, with the same powers as courts to make orders for interim protection.

    Copyright:

    © All Rights Reserved
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    of 4

    JURISDICTION OF

    ARBITRAL TRIBUNAL
    Chapter- IV, Section: 16- 17
    • SECTION 16: COMPETENCE OF ARBITRAL TRIBUNAL TO RULE ON ITS
    JURISDICTION
    (1) Arbitral tribunal may rule on its own jurisdiction, including ruling on
    any objections on existence or validity of the arbitration agreement.
    (2) 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 the arbitrator.
    (3) 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
    (4) The arbitral tribunal may admit a later plea if it considers the delay
    justified.
    (5) The arbitral tribunal shall decide on a plea referred under this
    section and where tribunal takes a decision rejecting the plea, continue
    with the arbitral proceedings and make an arbitral award.
    (6) A party aggrieved by such an arbitral award may make an
    application for setting aside such an arbitral award in accordance with
    section 34.
    SECTION 17: INTERIM MEASURES ORDERED BY ARBITRAL TRIBUNAL
    (1) A party may, during proceedings 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 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
    (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.
    The arbitral tribunal shall have the same power for making orders as the Courts.

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