Unsettled Contours Of Jurisdiction Under Section 16 Of The Arbitration And Conciliation Act, 1996 - Litigation, Mediation & Arbitration
I. Introduction Section 16 of the Arbitration and Conciliation Act, 1996 (" A&C Act") has been framed in accordance with Article 16 of the UNCITRAL Model law, which embodies elemental jurisprudential doctrine i.e., " Kompetenze - Kompetenze". This doctrine empowers the court or an arbitral tribunal to rule upon its 'own' jurisdiction, brought forth by one of the parties to the dispute. Section 16 (1) of the A&C Act states that an arbitral tribunal may rule on its own jurisdiction, including ruling on any objection with respect to the existence or validity of the arbitration agreement. Howeve...
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