Application Challenging the Jurisdiction of the Arbitrator under Section 16 (India) by OLL
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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.
Thane
Dated:
Advocate
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.
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About this template
What is this template?
This is a formal legal application filed before an arbitral tribunal in India to contest its authority to decide a dispute. It specifically addresses the 'kompetenz-kompetenz' principle and is not a substantive defense or a counter-claim on the merits of the case.
When should you use it?
Use this when a claimant has initiated arbitration without a contractual basis, or where the arbitration clause is void. Use an Application for Appointment of Arbitrator instead if you are trying to start a proceeding rather than stop one.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2 | Basis of Challenge | Allows the applicant to specify facts, such as the absence of a valid arbitration clause, that negate the tribunal's jurisdiction. |
| 4 | Non-Submission Statement | Records that the applicant is raising the plea without voluntarily submitting to the jurisdiction of the Learned Arbitrator. |
| PRAYER | Prayer for Relief | Requests the Hon'ble Arbitral Tribunal to dismiss the proceedings and reject the claims with costs due to lack of competence. |
Who it's for
- a respondent in an Indian arbitration proceeding who believes no valid arbitration agreement exists between the parties
- a party challenging the competence of a Sole Arbitrator to hear a specific claim petition
How long it runs and how it's signed
Law it's drafted under
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