An objection is taken with regard to existence of the arbitration agreement & the jurisdiction of the arbitral tribunal before the arbitrator. The arbitral tribunal
Verified Answer
A. Has the jurisdiction to decide the objection with regard to existence of arbitration agreement & the jurisdiction
B. Return the reference to parties or the court which has ap-pointed it
C. Refer the issue to civil court for adjudication
D. All of the above
Explanation:
Section 16 of the Arbitration and Conciliation Act, 1996, incorporates the principle of "Kompetenz-Kompetenz" (competence-competence). This principle empowers the arbitral tribunal to rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. This means the arbitrator does not need to refer such issues to a civil court but can decide them himself.