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Supreme Court of India
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Arbitration Law
Bare Acts
The Arbitration and Conciliation Act, 1996
Section 1-50
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28
Section 29
Section 30
Section 31
Section 32
Section 33
Section 34
Section 35
Section 36
Section 37
Section 38
Section 39
Section 40
Section 41
Section 42
Section 43
Section 44
Section 45
Section 46
Section 47
Section 48
Section 49
Section 50
Section 16- Competence of arbitral tribunal to rule on its own jurisdiction

The arbitral tribunal may rule on its own jurisdiction including ruling on any objections with respect to the existence or validity of the arbitration agreement and for that purpose -

(a) an arbitration clause which forms part of a contract shall be treated as an agreement independent of the terms of the contract; and
(b) a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.
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 or participated in the appointment of an arbitrator.
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.
The arbitral tribunal may in either of the cases referred to in sub-section (2) or sub-section (3) admit a later plea if it considers the delay justified.
The arbitral tribunal shall decide on a plea referred to in sub-section (2) of sub-section (3) and where the arbitral tribunal takes a decision rejecting the plea continue with the arbitral proceedings and make an arbitral award.
A party aggrieved by such an arbitral award may make an application for setting aside such an arbitral award in accordance with section 34.
     
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