Jurisdiction of Arbitral Proceedings

 Jurisdiction of Arbitral Proceedings and related provisions under the Arbitration and Conciliation Act, 1996:

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Jurisdiction of Arbitral Proceedings (Section 17)

• Interim reliefs can be granted by the arbitral tribunal to protect assets or secure the amount in dispute.

• Interim reliefs include:

  • Securing disputed amounts

  • Preserving or inspecting property

  • Granting interim injunctions

  • Any other convenient interim measure

• After the 2015 amendment, interim orders by the tribunal are enforceable like court orders.

• Courts still have power to grant interim relief before tribunal formation or after award.

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Key Differences Between Section 9 and Section 17

Section 9 (Court)	Section 17 (Tribunal)
Interim relief by court	Interim relief by tribunal
Operates before tribunal formation	Operates only after tribunal formed
Cannot be excluded by parties	Can be excluded by arbitration agreement
Powers wider than tribunal	Powers limited to subject matter of dispute

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Equal Treatment of Parties (Section 18)

• Parties must be treated equally.

• Each party gets a full chance to present their case.

• Tribunal must be impartial.

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Rules of Procedure (Section 19)

• Parties can agree on procedural rules.

• If no agreement, tribunal decides the procedure.

• Application of Civil Procedure Code or Evidence Act is discretionary.

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Place of Arbitration (Section 20)

• Parties can agree on place of arbitration.

• If no agreement, tribunal decides considering convenience.

• Place determines applicable laws.

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Commencement of Arbitration (Section 21)

• Arbitration starts when one party sends a written notice to refer dispute to arbitration.

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Language of Arbitration (Section 22)

• Parties choose the language(s).

• If no agreement, tribunal decides language.

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Statement of Claim and Defence (Section 23)

• Claimant states facts and claims.

• Respondent replies and contests.

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Hearing and Written Proceedings (Section 24)

• Tribunal decides if hearings are oral or based on documents.

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Default of Party (Section 25)

• Tribunal may terminate or continue proceedings based on parties’ compliance with procedural requirements.

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Time Limit for Award (Section 29-A)

• Award must be passed within 12 months, extendable by 6 months.

• Beyond that, tribunal’s mandate ends unless court extends.

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Fast Track Procedure (Section 29-B)

• Parties can agree to fast-track arbitration with shorter timelines (6 months).

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Settlement (Section 30)

• Tribunal encourages settlement via mediation or conciliation.

• Settlement recorded as an award with the same force.

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Form and Content of Award (Section 31)

• Award must be written, signed, dated, and reasoned unless parties agree otherwise.

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Correction & Interpretation of Awards

• Tribunal can correct clerical errors or interpret parts of the award within 30 days.

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Additional Award (Section 33(4))

• Tribunal may issue additional awards for claims omitted initially.

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Setting Aside Award (Section 34)

• Grounds include: invalid agreement, procedural irregularities, award beyond scope, public policy violation, etc.

• Application must be within 3 months of receiving the award.

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Finality and Enforcement of Award (Sections 35 & 36)

• If no challenge, award is enforced as a court decree.

• Even settlement awards are enforceable.

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Appealable Orders (Section 37)

• Appeals allowed against: refusal to refer to arbitration, interim relief orders, and setting aside awards.

• No second appeal, except to Supreme Court.