Challenge to jurisdiction and anti-suit injunctions in India
Produced in partnership with Shweta Sahu and Moazzam Khan of Nishith Desai Associates
Challenge to jurisdiction and anti-suit injunctions in India

The following Arbitration guidance note Produced in partnership with Shweta Sahu and Moazzam Khan of Nishith Desai Associates provides comprehensive and up to date legal information covering:

  • Challenge to jurisdiction and anti-suit injunctions in India
  • The Arbitration and Conciliation Act 1996 (as amended)
  • Challenges to tribunal jurisdiction
  • Anti-arbitration injunctions
  • Anti-suit injunctions

This Practice Note considers challenges to the jurisdiction of arbitral tribunals under the Indian Arbitration and Conciliation Act 1996 (ACA 1996), as amended, and anti-suit and anti-arbitration injunctions.

Note: Indian judgments referred to in this Practice Note are not reported by LexisNexis® UK.

The Arbitration and Conciliation Act 1996 (as amended)

The Indian law on arbitration is governed by the Arbitration and Conciliation Act 1996 (ACA 1996). The ACA 1996 was amended by the Arbitration and Conciliation (Amendment) Act 2015 (the 2015 Amendment) and subsequently by the Arbitration and Conciliation (Amendment) Act 2019 (the 2019 Amendment). This Practice Note discusses the legal position under the ACA 1996 after the 2015 Amendment and 2019 Amendment.

Challenges to tribunal jurisdiction

Under ACA 1996, s 16, India has adopted the principle of kompetenz-kompetenz and, therefore, under Indian law, the arbitral tribunal is empowered to rule on its own jurisdiction.

For more information on the principle of kompetenz-kompetenz, see Practice Note: AA 1996—challenging an arbitral tribunal’s jurisdiction pre-award (ss 31 and 32)—principle of Kompetenz-Kompetenz.

Time for raising an objection to jurisdiction

A plea that the arbitral tribunal does not have jurisdiction to determine the dispute must be raised not later than the submission of the statement of defence. Further, a plea that the tribunal is exceeding the scope of its authority should be raised as soon