#Kompetenz-Kompetenz

The Supreme Court held that a writ court directing an arbitral tribunal to adjudicate claims 'strictly in accordance with the contract' impermissibly fetters the tribunal's Section 16 kompetenz-kompetenz over excepted matters. The ruling reinforces that tribunals retain exclusive initial jurisdiction to rule on their own jurisdiction, including disputes over contract termination validity, free from judicial pre-direction. This protects party autonomy in arbitration, particularly in government infrastructure contracts with standard general conditions.

Madhya Pradesh High Court appointed an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, ruling that threshold issues such as limitation and jurisdiction must be decided by the arbitrator under the doctrine of kompetenz-kompetenz. The decision reinforces the arbitral tribunal's authority to rule on its own jurisdiction, impacting parties in partnership disputes invoking arbitration clauses.

Kerala High Court holds that under Section 11 of the Arbitration and Conciliation Act, courts must refer disputes to arbitration upon a prima facie showing of an arbitration agreement, leaving substantive validity challenges to the arbitral tribunal. This reinforces the kompetenz-kompetenz principle, limiting judicial interference at the referral stage.

Allahabad High Court rules that once an arbitral tribunal is constituted under Section 11, parties cannot later challenge its composition based on contractual clauses not raised during appointment. The court held that waiver under Section 4 of the Arbitration Act precludes post-appointment review, reinforcing party autonomy in arbitration proceedings.

The Jharkhand High Court has ruled that a party may initiate a new arbitration under Section 11(6) even after an award is set aside, provided the underlying arbitration agreement is intact and no remand was ordered. This reinforces the separability doctrine and prevents parties from being locked out of arbitration due to procedural technicalities, strengthening commercial certainty in contract enforcement.

MP High Court rules that when a court grants liberty to arbitrate while excluding the limitation period, objections on limitation must be decided by the arbitrator, not the court. This reinforces the kompetenz-kompetenz principle, shifting the burden of limitation disputes to arbitration proceedings where prior litigation excluded the relevant period.