Jurisdiction and Interim Relief Powers of Arbitral Tribunals

Introduction 

Sections 16 and 17 of the Arbitration and Conciliation Act embody cardinal principles governing the competence of arbitral tribunals and their authority to grant interim relief. These provisions establish the doctrine of kompetenz-kompetenz and confer upon arbitral tribunals extensive powers analogous to those exercised by civil courts, thereby reinforcing the autonomy and efficacy of the arbitral process. 

Competence of Arbitral Tribunal to Rule on Jurisdiction (Section 16) 

Doctrine of Kompetenz-Kompetenz 

• Section 16(1) enshrines the principle of kompetenz-kompetenz, empowering the arbitral tribunal to determine its own jurisdiction, including adjudicating objections concerning the existence or validity of the arbitration agreement. This doctrine constitutes a foundational tenet of modern arbitration jurisprudence, enabling tribunals to proceed with adjudication without seeking recourse to judicial intervention at preliminary stages. 

Doctrine of Separability 

• Sub-section (1)(a) codifies the doctrine of separability, providing that an arbitration clause forming part of a contract shall be treated as an autonomous agreement independent of the principal contract. Consequently, under sub-section (1)(b), a determination by the tribunal that the underlying contract is void ab initio does not ipso jure invalidate the arbitration clause. This principle ensures that disputes regarding contractual validity do not automatically divest the tribunal of jurisdiction to arbitrate such disputes. 

Temporal Requirements for Jurisdictional Objections 

• Sub-section (2) mandates that pleas challenging the tribunal's jurisdiction must be raised no later than the filing of the statement of defence. However, a party is not estopped from raising such pleas merely by virtue of having appointed or participated in the appointment of an arbitrator. This provision balances procedural efficiency with the fundamental right to challenge jurisdiction. 
• Sub-section (3) stipulates that objections regarding the tribunal exceeding its authority must be raised promptly when the impugned matter arises during proceedings. Sub-section (4) grants the tribunal discretion to admit belated pleas where the delay is justified, thereby providing flexibility while discouraging dilatory tactics. 

Adjudication and Remedies 

• Pursuant to sub-section (5), the tribunal shall adjudicate jurisdictional pleas and, upon rejecting such pleas, continue with arbitral proceedings and render an award. Sub-section (6) preserves the aggrieved party's right to challenge such awards through applications for setting aside under Section 34, thereby providing judicial oversight while maintaining the principle of minimal curial intervention. 

Interim Measures Ordered by Arbitral Tribunal (Section 17) 

Scope of Interim Relief 

• Section 17, as substituted by the 2016 Amendment, significantly expanded the tribunal's authority to grant interim measures during arbitral proceedings. The 2019 Amendment further refined this provision by removing the tribunal's power to grant interim relief post-award but pre-enforcement, thereby delineating clear temporal boundaries for such relief. 

Categories of Interim Measures 

• Sub-section (1) enumerates various categories of interim relief available to parties: 
• First, tribunals may appoint guardians ad litem for minors or persons of unsound mind to facilitate their participation in proceedings. Second, tribunals possess extensive powers regarding interim protection, including preservation, interim custody, or sale of goods forming the subject matter of arbitration; securing amounts in dispute; detention, preservation, or inspection of disputed property; authorization to enter premises for taking samples, conducting observations, or performing experiments; grant of interim injunctions or appointment of receivers; and such other measures as appear just and convenient. 
• Significantly, the provision expressly confers upon arbitral tribunals the same powers for making orders as courts possess in relation to proceedings before them, thereby achieving functional equivalence between tribunal orders and court orders. 

Enforcement and Appellate Remedies 

• Sub-section (2) provides that orders issued by arbitral tribunals under Section 17 shall be deemed court orders for all purposes and shall be enforceable under the Code of Civil Procedure, 1908, as if they were orders of the court. This statutory fiction ensures effective enforcement mechanisms for interim measures granted by tribunals. 
• The provision remains subject to orders passed in appeals under Section 37, thereby preserving appellate oversight while reinforcing the binding nature of tribunal orders pending appellate adjudication. 

Conclusion 

Sections 16 and 17 collectively establish a robust framework empowering arbitral tribunals with jurisdictional autonomy and comprehensive interim relief powers. These provisions reflect legislative intent to minimize judicial intervention, enhance arbitral efficiency, and ensure that tribunals possess adequate authority to conduct meaningful adjudication while protecting parties' substantive and procedural rights throughout the arbitral process.