M/S.National Federation Of Farmers vs M/S.Nlc India Limited on 11 September, 2023
27. Kompetenz-kompetenz principle i.e., allowing the arbitral
tribunal to rule on its own jurisdiction, is one of the fundamental
principles of arbitration. In Indian arbitration law, this is captured in
Section 16 of the Arbitration and Conciliation Act, 1996, hereinafter
referred to as "Act". Kompetenz-kompetenz doctrine is also emphasised
in the Judgment of the Honourable Supreme Court in the case of Indian
Farmer Fertilizer Cooperative Limited Vs. Bhadara Products reported in
2018 (2) SCC 534 hereinafter referred to as the IFFCO judgment. In the
said Judgment, the Honourable Supreme Court has held that 'Jurisdiction'
mentioned in Section 16 has reference to three things: