Timelines For Deciding Jurisdictional Objections Under §16 Of The Arbitration & Conciliation Act 1996: Surender Kumar Singhal V Arun Kumar Bhalotia

Timelines For Deciding Jurisdictional Objections Under §16 Of The Arbitration & Conciliation Act 1996: Surender Kumar Singhal V Arun Kumar Bhalotia¹

§16 of the Act provides that a Tribunal is empowered to decide questions relating to its own jurisdiction. §16(5) of the Act provides that a Tribunal "shall decide on a plea" regarding its jurisdiction, but does not say when jurisdictional objections have to be decided, and the timing issue has recently been clarified by the Delhi High Court.

The Conundrum

The Supreme Court had held that jurisdictional questions have to be decided "as a preliminary ground"² and "in the first instance"³. Various High Courts⁴ have interpreted this to mean that a jurisdictional question can be decided after the evidence stage but before the final award is pronounced.