Application Challenging the Jurisdiction of the Arbitrator under Section 16 (India)
This template is used to file a formal application challenging the authority of an arbitrator or arbitral tribunal to hear a case. It is specifically designed for use in India under Section 16 of the Arbitration and Conciliation Act to argue that a tribunal lacks competence or that no valid arbitration agreement exists.
AAPPLICATION CHALLENGING THE JURISDICTION OF THE ARBITRATOR UNDER SECTION 16
Before the Hon'ble Sole Arbitrator/Arbitral Tribunal
In the Matter of Arbitration
Between
Mr…………...................................................at………………………………………….... Claimants;
Vs.
Mr……………………………………………..……………at…………………………………......... Opposite Party.
The applicants/claimants/respondents above named beg to state as under:—
1. That the aforesaid claim petition/alleged arbitration dispute was referred to the Learned Arbitrator/Arbitral Tribunal in pursuance of an alleged arbitration agreement by the claimant.
2. That [facts showing why the arbitrator has no jurisdiction/such as because there is no arbitration clause between the parties. . .].
3. That in view of the aforesaid facts the Learned Arbitrator/Arbitral Tribunal has no jurisdiction to proceed with the present statement of claims preferred by the claimants and as such would be without jurisdiction hence as such the claim petition of the claimants is liable to be rejected outright.
4. That the applicant without submitting to the jurisdiction of the Learned Arbitrator has pleaded the aforesaid.
PRAYER
Wherefore, it is respectfully prayed that in the interest of justice and the above stated preliminary objections and facts and circumstances of the case, this Hon'ble Arbitral Tribunal may be pleased not to entertain the arbitration disputes and the proceedings may kindly be dismissed as not maintainable since the tribunal/Learned Arbitrator does not possess jurisdiction to entertain the same due to lack of competence, and the alleged disputes referred to this tribunal by the claimants be rejected with costs in favour of the respondents.
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About this template
What is this template?
This is a formal legal application used to raise a preliminary objection regarding an arbitrator's power to adjudicate a matter. It is not a court petition, but a filing made directly to the arbitral tribunal itself. It contains specific sections for detailing the lack of jurisdiction and the exceeding of authority.
When should you use it?
Use this application when a party believes the arbitral tribunal lacks the power to hear a case, and do so before submitting the statement of defense. Use a Section 11 application instead if you are petitioning a court to appoint an arbitrator.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Paragraph 1 | Plea of Jurisdiction | The Applicant submits a formal plea that the Arbitral Tribunal does not have jurisdiction over the subject matter or specific dispute. |
| Paragraph 2 | Statement of Grounds | The document requires the Applicant to list specific legal or factual reasons why the arbitrator's authority is being contested. |
| Paragraph 4 | Scope of Authority | The Applicant asserts that the Arbitral Tribunal is exceeding the scope of its authority as defined by the underlying agreement. |
| Conclusion | Prayer for Relief | The Applicant requests the Tribunal to pass an order deciding the jurisdictional plea as a preliminary issue. |
Who it's for
- a party to an Indian arbitration proceeding contesting the tribunal's legal authority
- a respondent claiming the dispute falls outside the scope of the arbitration agreement
- legal counsel filing a Section 16 application before an arbitral tribunal in India
How long it runs and how it's signed
Law it's drafted under
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