šŸ“¢ Too many exams? Don’t know which one suits you best? Book Your Free Expert šŸ‘‰ call Now!


    Question

    The power to rule on the jurisdiction of arbitral

    tribunal rests with?
    A Arbitral tribunal. Correct Answer Incorrect Answer
    B Arbitrator in case of sole arbitrator Correct Answer Incorrect Answer
    C Civil Court Correct Answer Incorrect Answer
    D High court Correct Answer Incorrect Answer
    E Arbitration agreement Correct Answer Incorrect Answer

    Solution

    As per s.16 of the Act. S. 16. Competence of arbitral tribunal to rule on its jurisdiction.—(1) The arbitral tribunal may ruleĀ  on its own jurisdiction, including ruling on any objections with respect to the existence or validity of theĀ  arbitration agreement, and for that purpose,— (a) an arbitration clause which forms part of a contract shall be treated as an agreementĀ  independent of the other terms of the contract; and (b) a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure theĀ  invalidity of the arbitration clause.

    Practice Next
    ask-question