Seat Matters: Challenging A Tribunal’s Ruling On Jurisdiction

Kompetenz-Kompetenz is the universally accepted principle that empowers arbitration tribunals to decide on their own jurisdiction. However, recent decisions in the Indian Supreme Court and the Singapore High Court provide timely reminders on whether and when such jurisdictional rulings can be referred to the local supervisory court. Parties must remember the inconsistency across jurisdictions in timings its challenge to the Tribunal’s ruling on jurisdiction.

India

Section 16 of the Indian Arbitration and Conciliation Act 1996 (the “ACA”) codifies the Kompetenz-Kompetenz. Section 16(5) provides that if a tribunal dismised a jurisdictional challenge then it shall continue with the arbitral proceedings and make an award. Relatedly, section 16(6) provides that a party aggrieved by such a ruling “may make an application for setting aside such an arbitral award in accordance with section 34” of the ACA.