Kompetenz-Kompetenz in India: The Autonomy of Arbitral Tribunals Under Section 16 of the Arbitration Act
Kompetenz-Kompetenz in India: The Autonomy of Arbitral Tribunals Under Section 16 of the Arbitration Act A. Introduction The principle of Kompetenz-Kompetenz (German for "competence-competence") is a cornerstone of modern arbitration law, empowering arbitral tribunals to independently determine their own jurisdiction. In India, this principle is enshrined in Section 16 of the Arbitration and Conciliation Act, 1996 (the "Act"), which grants tribunals the authority to rule on challenges to their jurisdiction, including objections to the existence or validity of the arbitration agreement. This doctrine minimizes judicial interference, ensuring that arbitration remains a swift and self-contained process. Let’s explore the scope of Section 16 and its interpretation through landmark judgments. B. The Legal Framework: Section 16 Section 16(1) explicitly states that an arbitral tribunal may rule on its own jurisdiction, including objections to: 1. The e...