الهيئة الدولية للتحكيم

الهيئة الدولية للتحكيم ، التحكيم في الهند: نظرة عامة

ARBITRATION IN INDIA: AN OVERVIEW


Jurisdiction of the arbitrator:

The Court in SBP & Co case, inter alia, concluded as follows:

The Chief Justice or the designated Judge will have the right to decide the preliminary
aspects as indicated in the judgment. These will be, his own jurisdiction to entertain the
request, the existence of a valid arbitration agreement, the existence or otherwise of a live
claim, the existence of the condition for the exercise of his power and on the
qualifications of the arbitrator or arbitrators. The Chief Justice or the designated Judge
would be entitled to seek the opinion of an institution in the matter of nominating an
arbitrator qualified in terms of Section 11( of the Act if the need arises but the order
appointing the arbitrator could only be that of the Chief Justice or the designated Judge.



الهيئة الدولية للتحكيم