Nuanced Approach to the Competency of an Arbitral Tribunal
Fairfield Institute of Management and Technology, India
Volume III, Issue IV, 2020
There has been for a while now an upcoming drift towards the alternative dispute settlement procedures as it is naturally preferred by the parties to the dispute in the first instance and secondly due to the fast evolving nature of commercial disputes which can only be resolved by the adoption of these procedures, it signifies the imminent reputation that arbitration enjoys and to complement that the existing arbitration and conciliation scenario in India consists of a robust and efficient structure for the redressal of disputes. This research paper strives to present a diverse and assorted picture with regard to the capability and responsibility of the arbitral tribunals’ to cull out any doubts as to the questions and obstacles of their jurisdiction. There has been over the years a healthy debate going on over the principle of Kompetenz-Kompetenz not only in India but also in a majority of other countries. The jurisprudence of these nations have varied interpretations and versions for this doctrine and it has been accompanied by a considerate effort which has been made by scholars and academicians to address these concerns by meticulously following the developments which orbit around this doctrine. The paper portrays the stance taken by the Indian judiciary while dealing with this doctrine along with elucidating its nexus with other pertinent international jurisprudence associated with it. Although this principle is one of the most cherished fragments of arbitration still there is a requirement to delve into the analysis of its potential and an appropriate use of this doctrine.