Objection to Arbitral Tribunal’s Jurisdiction : A Study
Objection to Arbitral Tribunal’s Jurisdiction : A Study By Prof (Dr) Mukund Sarda× 1. The arbitral tribunal is required to decide the dispute in accordance with the terms of the contract. 1 Disputes relating to the applicability of ‘arbitration clause’ to the facts of the case must be raised before the arbitrator for decision, though such a dispute goes to the root of the jurisdiction.2 In other words, the arbitrator’s jurisdiction is strictly confined to the terms of the contract and has no authority to go beyond the terms of the contract. 2. The ‘arbitration clause’ contained in a contract between the parties is crucial to determine whether the parties intended that a dispute arising out of the contract shall be decided by reference to an arbitrator. In the first instance, whether the contract has arisen at all must be determined before the ‘arbitration clause’ contained in it, is made applicable. Arbitrator is conferred with jurisdiction to decide the issue, as is evident from the...