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The Arbitration and Conciliation Act, 1996: page 16

The Arbitration and Conciliation Act, 1996, India Code delivered snapshot 6fb32e5ffe258174, physical page 16. Unreviewed extraction.

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     (4) Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the
replacement of an arbitrator under this section shall not be invalid solely because there has been a change
in the composition of the arbitral tribunal.
                                                    CHAPTER IV
                                           Jurisdiction of arbitral tribunals

    16. Competence of arbitral tribunal to rule on its jurisdiction.—(1) The arbitral tribunal may rule
on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the
arbitration agreement, and for that purpose,—
        (a) an arbitration clause which forms part of a contract shall be treated as an agreement
    independent of the other terms of the contract; and
        (b) a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the
    invalidity of the arbitration clause.
   (2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the
submission of the statement of defence; however, a party shall not be precluded from raising such a plea
merely because that he has appointed, or participated in the appointment of, an arbitrator.
   (3) A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the
matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.
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                                                                       od
   (4) The arbitral tribunal may, in either of the cases referred to in sub-section (2) or sub-section (3),
admit a later plea if it considers the delay justified.
                                                                 aC
   (5) The arbitral tribunal shall decide on a plea referred to in sub-section (2) or sub-section (3) and,
where the arbitral tribunal takes a decision rejecting the plea, continue with the arbitral proceedings and
make an arbitral award.                                    di
                                                      In
    (6) A party aggrieved by such an arbitral award may make an application for setting aside such an
arbitral award in accordance with section 34.
    1
     [17. Interim measures ordered by arbitral tribunal.—(1) A party may, during the arbitral
proceedings 2***, apply to the arbitral tribunal—
           (i) for the appointment of a guardian for a minor or person of unsound mind for the purposes of
        arbitral proceedings; or
          (ii) for an interim measure of protection in respect of any of the following matters, namely:—
              (a) the preservation, interim custody or sale of any goods which are the subject-matter of the
          arbitration agreement;
              (b) securing the amount in dispute in the arbitration;
              (c) the detention, preservation or inspection of any property or thing which is the subject-
          matter of the dispute in arbitration, or as to which any question may arise therein and authorising
          for any of the aforesaid purposes any person to enter upon any land or building in the possession
          of any party, or authorising any samples to be taken, or any observation to be made, or
          experiment to be tried, which may be necessary or expedient for the purpose of obtaining full
          information or evidence;
              (d) interim injunction or the appointment of a receiver;
              (e) such other interim measure of protection as may appear to the arbitral tribunal to be just
          and convenient,
and the arbitral tribunal shall have the same power for making orders, as the court has for the purpose of,
and in relation to, any proceedings before it.


1. Subs. by Act 3 of 2016, s. 10, for s. 17 (w.e.f. 23-10-2015).
2. The words and figures “or at any time after the making of the arbitral award but before it is enforced in accordance with
   section 36” omitted by Act 33 of 2019, s. 4 (w.e.f. 30-8-2019).
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