(Querist) 03 February 2014
This query is : Resolved
dear sir I want to know meaning of this paragraph
A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense; 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.
The paragraph you have cited is S.16(2) of A&C Act, 1996.
1) You have to object jurisdiction of arbitrator before filing your reply. Jurisdiction is with reference to qualifications, competency etc as held in S.12.
2) Even if arbitrator is appointed with the participation of the claimant/party, it does not preclude said party to object jurisdiction.
This is specifically made because, many agreements are contracts of adhesion where arbitrator is a chosen one by one of the parties and the other has no choice to reject and to protect party from S.4 of the Act.