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M/S Golden Agri International Private ... vs M/S Kundan Rice Mills Limited on 22 May, 2009 cites

M/S. Konkan Railway Corporation Ltd. & ... vs M/S. Rani Construction Pvt. Ltd on 30 January, 2002

"..... Section 16 of the Act says that the Arbitral Tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement. In Konkan Rly. Corpn. Ltd. v. Rani Construction (P) Ltd., in para 21 a Constitution Bench of 5 learned Judges has ruled that if the Arbitral Tribunal has been improperly constituted, it would be open to the aggrieved party to require the Arbitral Tribunal to rule on its own jurisdiction in view of Section 16 of the Act. It was also observed that the expression used in sub-section (1) that the "Arbitral Tribunal may rule on any objections with respect to the existence or validity of the Civil Revision No. 2954 of 2009 -3- *** arbitration agreement" shows that the Arbitral Tribunal's authority under Section 16 is not confined to the width of its jurisdiction, but goes to the very root of its jurisdiction and there is no impediment in contending before the Arbitral Tribunal that it had been wrongly constituted.
Supreme Court of India Cites 22 - Cited by 332 - Full Document
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