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Head Note

The Arbitration and Conciliation Act, 1996  - Section 16 (2) , Section 34

Arbitral Proceedings - Objection with regard to the jurisdiction of the Arbitral Tribunal after the stage of submission of written statement - Provisions of Section 16(2) of the Act mandates that a plea that the Tribunal does not have jurisdiction shall not be raised later than the submission of the statement of defence - Respondent having submitted to the jurisdiction of the Tribunal, filed the statement of defence, led evidence, made arguments and ultimately challenged the award under Section 34 of the Arbitration Act, 1996 - They did not raise the question of jurisdiction at any stage and after two years in petition u/s 34 of the Act they raised the question of jurisdiction of the Tribunal - Held that the mandate of Section 34 clearly prohibits such a cause -The amendment application raised a ground which was contrary to law and ought not to have been allowed by the High Court - Impugned judgment and order of the High Court liable to be set aside.

Topic(s)-Arbitration - Jurisdiction - Objection after filling written statement not allowed