Arbitration

ABC (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.

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T. Kalaiselvan, Advocate (Expert) 03 February 2014
This is with regard to the jurisdictional limit of the Arbitration tribunal object by defence on the matter being referred.

Devajyoti Barman (Expert) 03 February 2014
The jurisdicitional issue has to be raised while defence is filed but not later in appeal stage.

Rajendra K Goyal (Expert) 03 February 2014
Academic query.

ajay sethi (Expert) 03 February 2014
agree with Mr barman

Murali Krishna (Expert) 03 February 2014
Mr.ABC,

The paragraph you have cited is S.16(2) of A&C Act, 1996.

It means,

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.

The first part is a part of PNJ.

Advocate Bhartesh goyal (Expert) 03 February 2014
Agree with mr Murli Krishna.

T. Kalaiselvan, Advocate (Expert) 05 February 2014
Mr. Muralikrishna's piece of opinion is very perfect, I agree with it.

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