OBJECTION TO ARBITRAL TRIBUNAL’S JURISDICTION: A STUDY
Journal Title: Bharati Law Review - Year 2018, Vol 0, Issue 0
Abstract
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.
Authors and Affiliations
Mukund Sarda, Dr. Bhagyashree Deshpande
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