JURISDICTION OF ARBITRAL TRIBUNAL
SUBMITTED BY ,(SAURA ,(SA URAV V KUMAR CHOUDHARY CH OUDHARY ROLL NO. 1372), B.A.L.L.B (HONS.) SUBMITTED TO MS.HRISHIKESH MANU, ASSISTANT ASSISTANT PROFESSOR OF LAW LAW
FINAL DRAFT SUBMITTED SUBMI TTED FOR PARTIAL ARTIAL FULFILLMENT OF THE COURSE FOR THE COMPLETION OF B.A.L.L.B.(HONS.) B.A.L.L.B.(HONS .) COURSE
APRIL 2018 SESSION 2015-2020 CHANAKYA NATIONAL LAW UNIVERSITY
NYA NYAYA NAGAR, MITHAPUR MITHAPUR PATNA 1
DECLARATION PAGE
I SAURAV KUMA CHOUDHARY student of B.A.L.L.B. (3 rd year) in Chanakya National Law University declare that the research project entitled “JUSIDICTION ARBITRAL TRIBUNAL” submitted by me for the fulfillment of ALTERNATE DISPUTE RESOLUTION course is my own work. This project has not been submitted for any other Degree / Certificate / Course in any Institution / University. University.
Name of the candidate candidate SAURAV KUMAR CHOUDHARY B.A.L.L.B (3rd Year) Candidate
Signature of
ROLL NO. 1372
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ACKNOWLEDGEMENT PAGE I am highly elated to have worked on my research topic “ JURISDICTION OF ARBITRAL TRIBUNAL” under the guidelines of MR.HARIKESH MANU(FAULTY OF ALTERNATE DISPUTE RESOLUTION).
I am very grateful to him for his proper
guidance. I would like to take this opportunity to express my profound gratitude and deep regard to him for his exemplary guidance, valuable feedback and constant encouragement throughout the duration of the project. His valuable suggestions were of immense help throughout my project work. His perceptive criticism kept me working to make this project in a much better way. Working under him was an extremely knowledgeable experience for me. I would also like to thank all my friends and my seniors. Apart from all these I would like to give special regard to the librarian of my university who made a relevant effort regarding to provide the materials to my topic and also assisting me. Finally I would like to thank my parents and brother for their immense support and presence during this whole project work.
SAURAV KUMAR CHOUDHARY 3
CONTENTS NAME OF CHAPTERS
PAGE NUMBER
DECLARATION …………….……………………………………………………………………………………………….1 ACKNOWLEDGEMENT…………………………………………………………………………………………………..2 INTRODUCTION…………………………………………………………………………………………………………… -5
ARBITRAL TRIBUNAL …………………………………………………………………………………………………… .8 JURISDICTION OF ARBITRL TRIBUNAL ………………………………………………………………………… CONLUSION ………………………………………………………………………………………………………………… BIBLIOGRAPHY………………………………………………………………………………………………………….……20
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INTRODUCTION
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause in the relevant contract. An existing dispute can be referred to arbitration by means of a submission agreement between the parties. In contrast to mediation, a party cannot unilaterally withdraw from arbitration. Under the WIPO Arbitration Rules, the parties can select a sole arbitrator together. If they choose to have a three-member arbitral tribunal, each party appoints one of the arbitrators; those two persons then agree on the presiding arbitrator. Alternatively, the Center can suggest potential arbitrators with relevant expertise or directly appoint members of the arbitral tribunal. The Center maintains an extensive roster of arbitrators ranging from seasoned dispute-resolution generalists to highly specialized practitioners and experts covering the entire legal and technical spectrum of intellectual property. In addition to their selection of neutrals of appropriate nationality, parties are able to choose such important elements as the applicable law, language and venue of the arbitration. This allows them to ensure that no party enjoys a home court advantage. Parties opt for a private dispute resolution procedure instead of going to court. Arbitration is a binding dispute settlement procedure in which the dispute is submitted to an arbitral tribunal consisting of a sole or an odd number of arbitrators which makes a decision in the form of an award on the dispute that is binding on the parties and thus it finally settles the dispute. It is a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding1 Arbitration at its core is a form of dispute resolution, which comprises of a private judicial determination of a dispute by an independent third party. It is considered as a private dispute
1
Black’s Law Dictionary -17th Edition
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redressal process which is widely encouraged for promoting twin motives of overcoming high pendency of cases and reducing the cost of litigation. The prominent feature of th e system is that, instead of filing a case in court, the parties can refer their case to an arbitral tribunal whose decision is binding and is termed as an award. The process of arbitration can start only if there exists a valid Arbitration Agreement betwe en the parties prior to the emergence of the dispute. As per Section 7, such an agreement must be in writing. The contract regarding which the dispute exists, must either contain an arbitration clause or must refer to a separate document signed by the parties containing the arbitration agreement. The existence of an arbitration agreement can also be inferred by written correspondence such as letters, or telegrams which provide a record of the agreement. An exchange of statement of claim and defance in which existence of an arbitration agreement is alleged by one party and not denied by other is also considered as valid written arbitration agreement. Any party to the dispute can start the process of appointing arbitrator and if the other party does not cooperate, the party can approach the office of Chief Justice for appointment of an arbitrator. There are only two grounds upon which a party can challenge the appointment of an arbitrator – reasonable doubt in the impartiality of the arbitrator and the lack of proper qualification of the arbitrator as required by the arbitration agreement. A sole arbitrator or a panel of arbitrators so appointed constitute the Arbitration Tribunal. Except for some interim measures, there is very little scope for judicial intervention in the arbitration process. The arbitration tribunal has jurisdiction over its own jurisdiction. Thus, if a party wants to challenge the jurisdiction of the arbitration tribunal, it can do so only before the tribunal itself. If the tribunal rejects the request, there is little the party can do except to approach a court after the tribunal makes an award. Section 34 provides certain grounds upon which a party can appeal to the principal civil court of original jurisdiction for setting aside the award. Once the period for filing an appeal for setting aside an award is over, or if such an appeal is rejected, the award is binding on the parties and is considered as a decree of the court. An arbitral tribunal (or arbitration tribunal) is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include either a chairman or 6
an umpire. Members selected to serve on the tribunal are typically professionals with expertise in law and mediation, although some scholars have suggested that the ideal composition of an arbitral tribunal should include at least one e conomist, particularly in cases that involve questions of asset or damages valuation. The parties to a dispute are usually free to determine the number and composition of the arbitral tribunal. In some legal systems, an arbitration clause which provides for two arbitrators (or any other even number) is understood to imply that the appointed arbitrators will select an additional arbitrator as a chairman of the tribunal, to avoid deadlock arising. Different legal systems differ as to how many arbitrators should constitute the tribunal if there is no agreement.
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ARBITRATION TRIBUNAL An arbitral tribunal is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include either a chairman or an umpire. The parties to a dispute are usually free to agree the number and composition of the arbitral tribunal. In some legal systems, an arbitration clause which provides for two (or any other even number) of arbitrators is understood to imply that the appointed arbitrators will select an additional arbitrator as a chairman of the tribunal, to avoid deadlock arising. Different legal systems differ as to how many arbitrators should constitute the tribunal if there is no agreement.2 Arbitral tribunals are usually constituted (appointed) in two types of proceedings:
ad hoc arbitration proceedings are those in which the arbitrators are appointed by the
parties without a supervising institution, relying instead on the procedural law and courts of the place of arbitration to resolve any differences over the appointment, replacement, or authority of any or all of the arbitrators; and
institutional arbitration proceedings are those in which the arbitrators are appointed under the supervision of professional bodies providing arbitration services, such as the American Arbitration Association (which conducts international proceedings through its New York-based division, the ICDR), the LCIA in London or the ICC in Paris. Although these institutions (and many others) are headquartered in their respective cities, they are capable of supervising the appointment of arbitral tribunals in nearly any country, avoiding the need for the parties to involve local courts and procedures in the event of disagreement over the appointment, replacement, or authority of any or all of the arbitrators.
2
Under the UNCITRAL Model Law on International Commercial Arbitration (adopted by various countries around the world), the default number is three (Article 10( 2)). However, some countries have provided that the default number is one (see for example, section 15(2) of the Arbitration Act 1996 of the United Kingdom.
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Permanent tribunals tend to have their own rules and procedures, and tend to be much more formal. They also tend to be more expensive, and, for procedural reasons, slower 3.(Under the UNCITRAL Model Law on International Commercial Arbitration (adopted by various countries around the world), the default number is three (Article 10(2)). However, some countries have provided that the default number is one, section 154.
Appointment
The parties are generally free to determine their own procedure for appointing the arbitrator or arbitrators, including the procedure for the selection of an umpire or chairman.5 If the parties decline to specify the mode for selecting the arbitrators, then the relevant legal system will usually provide a default selection process. Ch aracteristically, appointments will usually be made on the following basis: If the tribunal is to consist of a sole arbitrator, the parties shall jointly appoint the arbitrator not later than (for example) 28 days after service of a request in writing by either party to do so. If the tribunal is to consist of three arbitrators: 1.each party shall appoint one arbitrator not later than (for example) 14 days after service of a request in writing by either party to do so, and 2. The two so appointed shall forthwith appoint a third arbitrator as the chairman of the tribunal. If the tribunal is to consist of two arbitrators and an umpire1 .Each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so, and
3
.Under the UNCITRAL Model Law on International Commercial Arbitration of the Arbitration Act 1996 of the United Kingdom
4
5
See for example, Article 11(2) of the UNCITRAL Model Law on International Commercial Arbitration
and section 16(1) of the Arbitration Act 1 996 of the United Kingdom.
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2.the two so appointed may appoint an umpire at any time after they themselves are appointed and shall do so before any substantive hearing or forthwith if they cannot agree on a matter relating to the arbitration. Most arbitration clauses will provide a nominated person or body to select a sole arbitrator if the parties are unable to agree (for example, the President of the relevant jurisdiction's Bar Association, or a recognised professional arbitration organisation such as the LCIA, or a relevant professional organisation). In default of such a provision, where the parties are unable to agree, an application for an appointment is usually made to the court.6 A well drafted arbitration clause will also normally make provision for where a party to the dispute seeks to cause delay by refusing to make or agree an appointment. Often this will allow the "non-defaulting" party to appoint a sole arbitrator and for the arbitration to proceed on that basis.7
Fees and expenses
The parties may make provision for the arbitrator's fees (although in some jurisdictions, whether the parties are agreeing to submit an existing dispute to arbitration, they may not provide that each party bears its own costs). However, the position may be different between, on the one hand, as between the arbitrators and the parties, and on the other hand, as between the parties themselves. Although the parties may provide differently in the appointment of the arbitrator, the usual rule is that the parties are jointly and severally liable for the arbitrator's fees. If the arbitrator is not paid, then they may sue either or both parties for unpaid fees.8 In many jurisdictions, after making the award, the tribunal will order that the losing party pays the legal costs of the winning party, and this may include the arbitrator's fees. However, this does 6
See for example, Article 11(3) of the UNCITRAL Model Law on International Commercial Arbitration and section 18 of the Arbitration Act 1996 of the United Kingdom. 7 Often reinforced by the law, see for example, section 17 of the Arbitration Act 1996 of the United Kingdom. 8
.^ In some jurisdictions this is mandatory, see for example section 28 of the Arbitration Act 1996 of the
United Kingdom 10
not affect the joint and several liability referred to above; but it does mean that the winning party may maintain a separate action against the losing party for the unpaid costs, or to be reimbursed for arbitrator's fees that the winning party has been forced to pay, but which the losing party was ordered to pay.
Chairman and umpire
Where the tribunal consists of an odd number of arbitrators, one of them may be designated as the umpire or chairman. The selection of title actually carries some significance. When an arbitrator is "chairman", then they will not usually exercise any special or additional powers, and merely have a presidential function as the tribunal member who sets the agenda.9 Where a member of the tribunal is an umpire, they usually do not exercise any influence on proceedings, unless the other arbitrators are unable to agree — in such cases, then the umpire steps in and makes the decision alone.
Arbitrator advocates
In some legal systems, it used to be common for each party to the dispute to appoint an arbitrator and for those two arbitrators to appoint a third arbitrator (who may or may not be called an umpire). However, the two arbitrators appointed by the parties to the dispute would essentially act as advocates for the party who appointed them, and the umpire would effectively act as a sole arbitrator. However, such systems can lead to difficulty, as other countries may be reluctant to enforce an arbitration award where two of the three "arbitrators" are clearly unable to demonstrate impartiality or independence. The standards for enforcing such awards are set out in the New York Convention, as interpreted by local law.10
9
Although in some cases the Chairman will have a casting vote if the tribunal is unable to agree on a matter.
10
See "New York Arbitration". CMS Legal.Retrieved 21 May 2012.
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Removal
In most legal systems the parties are free to specify in what circumstances the appointment of an arbitrator may be revoked. In default most le gal systems provide either that (i)
the parties to the dispute must act jointly to remove an arbitrator, or
(ii)
the other members of the arbitral tribunal must act to remove the arbitrator, and/or
(iii)
the court must act to remove an arbitrator. Most legal systems reserve a power to the court to remove arbitrators who are unfit to act, or are not impartial.
Resignation
It is generally accepted that one cannot force a person to continue as an arbitrator against their will, and arbitrators may resign if they are unwilling to proceed with the arbitration. Where the arbitrator becomes aware of facts that might be seen to affect his or her impartiality, they are often under a duty to resign. The parties are generally free to agree with the arbitrator what should happen with respect to (i) the arbitrator's fees, and (ii) any liability of the arbitrator (such as wasted costs), if the arbitrator should resign, with or without cause.
Death
The authority of an arbitrator is personal, and an appointment ceases upon death.Unless the parties have otherwise provided, the death of a party does not usually revoke the appointment of any arbitrator appointed by the deceased, and any agreement relating to the appointment is enforceable in the usual way against the personal representatives of the deceased.
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Filling a vacancy
If a vacancy arises (through resignation or death, o r otherwise) then the parties are free to agree: 1. Whether, and if so, how, the vacancy shall be filled 2. Whether, and if so, to what extent, the previous proceedings shall stand 3. What effect, if any, the arbitrator's ceasing to hold office has on any appointment or order made by that arbitrator (alone or jointly) Most legal systems provide that, in default of agreement, a new arbitrator shall be appointed using the provision for appointments which applied to the original arbitrator that has vacated office; 11 the tribunal itself (once reconstituted) should determinate whether, and if so, to what extent, previous proceedings stand; and the appointments and orders made by the previous arbitrator are unaffected.
Hearing An "arbitration hearing" can be either procedural or evidentiary. As in court systems, a "procedural hearing" focuses exclusively on how the proceedings are to be conducted. By contrast, an "evidentiary hearing" is the equivalent to what in the courts of many countries would be called a trial, with the presentation of evidence in the form of documents and witnesses. Although evidentiary hearings are generally available as a means to assist the arbitral tribunal in deciding contested factual issues, arbitration rules do not usually require them and leave the means of decided disputed factual issues to the discretion of the tribunal. Many decisions of arbitral tribunals are made without any hearing at all. Where it may be appropriate to do so, arbitral tribunals can make decisions solely upon documentary evidence, which may or may not be accompanied by witness statements, which in the US are referred to as affidavits. Witness statements represent the testimony a witness would give if called to testify, and on which the witness is subject to questioning by the arbitral tribunal and, at times, cross examination by the other party. Specific types of arbitration, for example, may rely exclusively on documents to decide disputes, such as in the growing field of online dispute resolution. In addition, some organizations, may specifically provide provide as part of their organizational bylaws or standard terms and conditions that disputes shall be arbitrated without an oral hearing and upon documentary evidence only, an example being certain trade associations, such as GAFTA.
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See for example, Article 15 of the UNCITRAL Model Law on International Commercial Arbitration and section 27 of the Arbitration Act 1996 of the United Kingdom.
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Duties The duties of a tribunal will be determined by a combination of the provisions of the arbitration agreement and by the procedural laws which apply in the seat of the arbitration. The extent to which the laws of the seat of the arbitration permit "party autonomy" (the ability of the parties to set out their own procedures and regulations) determines the interplay between the two.
However, in almost all countries the tribunal owes several non-derogable duties. These will normally be:
To act fairly and impartially between the parties, and to allow each party a reasonable opportunity to put their case and to deal with the case of their opponent (sometimes shortened to: complying with the rules of "natural justice"12 and To adopt procedures suitable to the circumstances of the particular case, so as to provide a fair means for resolution of the dispute.13
Procedure
Matters of procedure are normally determined either b y the law of the seat of the arbitration, or by the tribunal itself under its own inherent jurisdiction (depending on national law). Procedural matters normally include:
Mode of submitting (and challenging) evidence
Time and place of the hearing
Language and translations
Disclosure of documents and other evidence
Use of pleadings and/or interrogatories
Use of legal advisors
The appointment of experts and assessors
Appeal
12
See for example Article 18 of the UNCITRAL Model Law on International Commercial Arbitration
13
For example, in England these are codified in section 33 of the Arbitration Act 1996
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Provisions relating to appeals vary widely between different jurisdictions, but most legal systems recognise that the right to appeal (or, technically, the right to seek to set aside) an award in an arbitration should be limited. Usually such challenges are made on one of allowing a fair hearing;two bases:
1. That the tribunal did not have substantive jurisdiction to determine the matter; or 2. There was a serious irregularity on the part of the tribunal. Examples of serious irregularities may include: 1.failure of the tribunal to act in accordance with the rules of natural justice, or 2. The tribunal exceeding its powers (other than by exceeding its jurisdiction); 3 .Failure of the tribunal to conduct proceedings in accordance with the procedure agreed by the parties; 4 .Failure of the tribunal to deal with all the issues put to it for resolution; 5. Uncertainty or ambiguity as to the effect of the award; 6. The award being procured by fraud, or otherwise being procured in a way contrary to public policy; 7. Failure to comply with the requirements for the form of the award (e.g. in writing or in a specific language); 8. Irregularities in the conduct of the proceedings. In some jurisdictions it is also possible to appeal against an award on a point of law, however, such appeals normally require either the permission of the other parties, or the leave of the
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JURISDICTION OF ARBITRAL TRIBUNAL
The Arbitration and Conciliation Act, 1996 provides the parties abundant freedom in matters such as the matter of choosing the place of arbitration, fixing the number of arbitrators, 14
appointment of arbitrators etc. They are even free to determine the matters which they want to
submit to the arbitral tribunal formed by their choice. But sometimes a p roblem whether the Arbitral tribunal has jurisdiction, may arise. One of the parties may claim that the Arbitral Tribunal has no jurisdiction to decide the dispute between them. In fact this happened often under the old Arbitration Act, 1940 where the mere allegation of the invalidity of the main contract would provide jurisdiction to the courts to decide whether a valid arbitration agreement existed between the parties to the dispute. And this delayed the process of arbitration a lot, thus defeating the purpose of arbitration [2] . Now, under the Arbitration and Conciliation Act, 1996 power has been given to the Arbitral Tribunal under Section 16 (1) to rule on its jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement.
COMPETENCE OF ARBITRAL TRIBUNAL TO MAKE A BINDING DECISION ON ITS OWN JURISDICTION There was no provision under the Arbitration Act of 1940 which allowed the Arbitral Tribunal to make a decision on its own jurisdiction and it was the job of the court to decide on the jurisdiction of the arbitral tribunal. But under Section 16 of the Arbitration and Conciliation Act, 1996 the Arbitral Tribunal has been granted the power to make a ruling on its own jurisdiction. Section 16 (1) of the Arbitration and Conciliation Act states that the Arbitral Tribunal may rule on its own jurisdiction, including ruling on any objection with respect to the existence or validity of the arbitration agreement.
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www.lawteacher.net VISITED ON APRIL 23
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Section 16 of the Arbitration and Conciliation Act incorporates the principle of competencecompetence. It has two aspects: first, that the tribunal may decide on its jurisdiction without support from the courts and secondly, that the courts are prevented from determining this issue before the tribunal has made a determination on this issue. In the case of Union of India vs. M/s. East Coast Boat Builders & Engineers Ltd. it was stated: “From the scheme of the Act it is apparent that the legislature did not provide appeal against the order under section 16(5) where the arbitral tribunal takes a decision rejecting the plea that the arbitral tribunal has no jurisdiction. The intention appears to b e that in such case, the arbitral tribunal shall continue with the arbitral proceedings and mak e an award without delay and without being interfered in the arbitral process at that stage
JURISDICTION OF ARBITRAL TRIBUNAL WHEN CONTRACT CONTAINING ARBITRATION CLAUSE DECLARED VOID
There may be instances when the arbitration agreement may not be made as a separate
agreement. Instead, it may be embedded, or inserted, as a clause, in the contract between the parties. And it may happen that the agreement or the contract between the parties is declared void or illegal. What happens to the agreement in such cases? Will the arbitration clause in such cases become void? In the case of Jawaharlal Burman vs. Union of India it was stated: “It is, therefore, theoretically possible, that a contract may come to an end and the arbitration contract may not. It is also theoretically possible that the arbitration agreement may be void and yet the contact may be valid; and in that sense there is a distinction between the arbitration agreement and the contract of which it forms a part; but... in the present case, the challenge to the contract itself involves a challenge to the arbitration agreement; if there is a concluded contract the arbitration agreement is valid. If there is not a concluded contract the arbitration agreement is invalid... indeed, we apprehend that in a very large majority of cases where the arbitration agreement is a part of the main contract itself, challenge to the existence or validity of one would mean a challenge to the existence or validity of the other." any court in their supervisory role.
LOSS OF COMPETENCE OF ARBITRAL TRIBUNAL TO RULE ON ITS OWN JURISDICTION
There may be certain instances when the Arbitral Tribunal may lose the competence to rule on its jurisdiction. 17
Section 11(6) of the Arbitration and Conciliation Act states that a party may request the Chief Justice or his designate to take required steps when under an appointment procedure agreed to by the parties, one of them fails to act as required under the procedure, or the parties or the two arbitrators fail to reach an agreement expected of them under the procedure, or a person or institution fails to perform a function entrusted to him under such procedu re. And section 11(7) states that a decision taken by the Chief justice or his designate under section 11(4), section 11(5) or section 11(6) shall be final. Which means that the arbitral tribunal cannot look into the question of its own jurisdiction when the Chief Justice has looked into it earlier. In the case of Konkan Railway Corporation Ltd. vs. Rani Construction Pvt. Ltd. [13] it was stated by the court that the constitution of the Arbitral tribunal by the Chief Justice may b e challenged before the Arbitral Tribunal on the ground of being in violation of the Act. It was observed by the court: “It might also be that in a given case the Chief Justice or his designate may have nominated the arbitrator though the period of thirty days had not expired. If so, the Arbitral Tribunal would have been improperly constituted and be without jurisdiction. It would then be open to the aggrieved party to require the Arbitral tribunal to rule on its jurisdiction. Section 16 provides for this. It states that the Arbitral Tribunal may rule on its own jurisdiction."
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CONCLUSION
An arbitral tribunal (or arbitration tribunal) is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include either a chairman or
an umpire. Members selected to serve on the tribunal are typically professionals with expertise in law and mediation, although some scholars have suggested that the ideal composition of an arbitral tribunal should include at least one e conomist, particularly in cases that involve questions of asset or damages valuation. The decision of the Arbitral tribunal rejecting a plea regarding its jurisdiction is not appealable but its decision regarding acceptance of plea about having no jurisdiction is appealable. And the invalidity of the main contract no longer affects the arbitration clause which is considered from the main contract. And when the Chief Justice has already looked into the question of jurisdiction the Arbitral Tribunal cannot look into its jurisdiction once again.
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BIBLIOGRAPHY PRIMARY SOURCES
The Arbitration & Conciliation Act, 1996 (26 of 1996) Supplementary Report Law Commission of India SECONDARY SOURCES BOOKS
Paranjape, Dr. N. V. Law Relating to Arbitration & Conciliation in India, Allahabad: Central Law Agency, 2016 Malhotra, O.P. The Law & Practice of Arbitration And Conciliation Lexis Nexis: Second edition (2006) Saharay, Madhusudan Textbook on Arbitration & Conciliation with Alternative Dispute Resolution, Universal Law Publishing - An imprint of Lexis Nexis; Fourth edition (2017)
WEBSITES
http://www.livelaw.in/public-policy-under-indian-arbitration-law/ https://www.lawctopus.com/academike/arbitral-award-setting-aside/
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