The arbitral tribunal’s jurisdiction

At a glance

Identify whether the objection concerns the agreement, parties, scope or another legal issue. Jurisdiction objections and a defence on the merits are different matters.

Law and context

Section 16 of the Arbitration Act addresses the tribunal’s competence to rule on its jurisdiction, with procedural requirements and later remedies in its framework. The agreement, stage and current judicial interpretation matter.

Practical next step

Prepare the clause, claims, party documents and procedural orders, and obtain advice on when and how a genuine objection should be raised. Preserve all earlier submissions on jurisdiction.

Important qualifications

This guide does not say every objection stops the arbitration or calculate a challenge period. Do not ignore procedural directions while deciding the remedy.

Document checklist

• Agreement
• Claims and party record
• Procedural orders
• Jurisdiction submissions

Sources

• The Arbitration and Conciliation Act, 1996 — 16

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.