Mars Limited, a manufacturing company, entered into a technology supply contract with Neptune private Limited. The agreement contained an arbitration clause providing that dispute would be resolved through institutional

CS Professional · Arbitration, Mediation and Conciliation · PYQS · June 2026
Mars Limited, a manufacturing company, entered into a technology supply contract with Neptune private Limited. The agreement contained an arbitration clause providing that dispute would be resolved through institutional arbitration. After a dispute arose regarding delay in supply, Neptune Private Limited initiated arbitration proceedings. During the proceedings, Mars Limited raised an objection that the Arbitration Agreement was invalid and that the Arbitral Tribunal had no jurisdiction to decide the dispute. The Arbitral Tribunal decided to first examine whether it had jurisdiction to hear the dispute before proceeding with the merits of the case. Mars Limited challenged the authority of the tribunal to decide such jurisdictional issues. Whether an Arbitral Tribunal has the power to rule on its own jurisdiction, including the validity of the arbitration agreement ? Explain with reference to the relevant principles and provisions of the Arbitration and Conciliation Act, 1996.

Answer & Explanation:

Under Section 16 of the Arbitration and Conciliation Act, 1996, the arbitral tribunal is empowered to rule on its own jurisdiction, including objections regarding the existence or validity of the arbitration agreement. This principle is known as "Competence-Competence" principle. Recent developments in arbitration practice emphasize minimal judicial interference and greater autonomy of arbitral tribunals in determining jurisdictional questions at the initial stage of proceedings. In the recent case of Cox & Kings Ltd. V. SAP India Pvt. Ltd. & Anr decided by Supreme Court on 09th September, 2025, the Honourable Supreme Court has ruled on the power of Arbitral Tribunal to rule on its jurisdiction. According to the decision, Section 16 of the Arbitration Act enshrines the principle of competence-competence in Indian arbitration law. The provision empowers the Arbitral Tribunal to rule on its own jurisdiction, including any ruling on any objections with respect to the existence or validity of arbitration agreement. In the present case, the arbitral tribunal decided to examine whether it had jurisdiction before proceeding with the merits of the dispute. Such action is consistent with Section 16, which expressly authorizes the tribunal to determine objections relating to jurisdiction or validity of the arbitration agreement. Therefore, the arbitral tribunal has the statutory authority to rule on its own jurisdiction including the validity of the Agreement, and the objection raised by Mars Limited cannot invalidate the tribunal's power to decide the jurisdictional issue.

Topics: Arbitral Tribunal Powers

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic