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I. Introduction Section 16 of the Arbitration and Conciliation Act, 1996 ( A&C Act ) has been framed in accordance with Article 16 of the UNCITRAL Model law, which embodies elemental jurisprudential doctrine i.e.,
Kompetenze - Kompetenze . This doctrine empowers the court or an arbitral tribunal to rule upon its own jurisdiction, brought forth by one of the parties to the dispute. Section 16 (1) of the A&C Act states that an arbitral tribunal may rule on its own jurisdiction, including ruling on any objection with respect to the existence or validity of the arbitration agreement. However, Section 16 of A&C Act is silent on whether it is ....