Civil

Application under Section 16 Challenging Jurisdiction of Arbitral Tribunal

This is an application filed by a party to an arbitration, challenging the jurisdiction of the arbitral tribunal itself. It is the primary procedural tool for a respondent to contest the very foundation of the tribunal's authority to hear the dispute.

The application is made directly to the arbitral tribunal under Section 16 of the Arbitration and Conciliation Act 1996. It invokes the principle of kompetenz-kompetenz, allowing the tribunal to rule on its own jurisdiction, including objections to the existence or validity of the arbitration agreement.

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Governing law
Arbitration and Conciliation Act 1996, s. 16 (with ss. 16(1)(a)-(b), 16(2), 16(3), 16(5)-(6))
Sections
s. A&C Act s.16s. A&C Act s.16(2)s. A&C Act s.16(3)s. A&C Act s.16(5)
Filed before
Arbitral Tribunal (institutional or ad hoc)

When this is the right filing

  • When a party contends that no valid arbitration agreement exists between the parties.
  • When the arbitration agreement is alleged to be void, inoperative, or incapable of being performed.
  • When the dispute referred to arbitration falls outside the scope of the arbitration agreement.
  • When the tribunal's constitution or procedure is not in accordance with the agreement of the parties.
  • This application must be filed not later than the submission of the statement of defence. A party is not barred from filing it merely because it participated in appointing an arbitrator.

What the court looks for

  • A clear and specific statement of the jurisdictional objection, identifying the exact ground under Section 16(2) or (3).
  • A demonstration that the plea is being raised before the submission of the statement of defence, establishing its timeliness.
  • A concise narration of facts that support the jurisdictional challenge, linking them directly to the legal grounds.
  • A precise prayer requesting the tribunal to rule on its jurisdiction, ideally as a preliminary issue, and to terminate the proceedings if the objection is upheld.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Ii. maintainability and timeliness of the plea
  2. 2Iii. brief facts
  3. 3Iv. the arbitration agreement and separability
  4. 4V. grounds
  5. 5Prayer
  6. 6Verification

Frequently asked questions

What is the deadline for filing an application under Section 16?

A plea that the tribunal lacks jurisdiction must be raised not later than the submission of the statement of defence. An objection that the tribunal is exceeding the scope of its authority must be raised as soon as the matter alleged to be beyond its scope is raised during the proceedings.

Can the tribunal continue with the proceedings while this application is pending?

Yes. Under Section 16(5), the arbitral tribunal has the discretion to either decide the objection as a preliminary question or continue with the proceedings and rule on the jurisdiction in the final award. If the tribunal rejects the objection, the proceedings will continue, and the aggrieved party can challenge the award under Section 34.

Is this application the same as an application under Section 11 of the Act?

No. An application under Section 11 is made to the Supreme Court or High Court for the appointment of an arbitrator when the parties fail to agree. A Section 16 application is made to the already constituted arbitral tribunal, challenging its jurisdiction to hear the matter.

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