Jurisdiction of Arbitral Tribunal
The jurisdiction of the Arbitral Tribunal, its authority to listen to and resolve a dispute brought to arbitration, is like guidance for the parties. It is primarily set by the map of the arbitration agreement and the navigation rules of the applicable arbitration laws. Section 16 of Chapter 4 of the Arbitration and Conciliation Act, 1986 mentions provisions regarding the jurisdiction of the arbitration tribunal. It states that an arbitration clause will be valid even if the contract is declared to be void and is to be read as another agreement.
1. Scope of Arbitration Agreement: The Tribunal’s jurisdiction is limited to the scope of the arbitration agreement. It can best clear up disputes that are inside the settlement’s terms.
2. Competence Principle: Arbitral Tribunals have the authority to rule on their jurisdiction, together with any objections to the life or validity of the arbitration agreement. This precept lets tribunals independently determine their jurisdiction.
3. Limits of Jurisdiction: Arbitral Tribunals are not able to determine matters that aren’t arbitrable under the regulation or exceed the scope of their authority as described by the arbitration agreement.