Any Objection Regarding Non-Applicability Of MSMED Act Can Be Decided By Arbitral Tribunal U/S 16 Of A&C Act: Delhi High Court

The Delhi High Court ruled that any issue or objection regarding the non-applicability of the Micro, Small and Medium Enterprises Development (MSMED) Act can be decided by the arbitral tribunal under Section 16 of the Arbitration and Conciliation Act. The court emphasized that the arbitral tribunal has the jurisdiction to determine its own jurisdiction, including issues related to the applicability of the MSMED Act. This decision reinforces the principle of kompetenz-kompetenz, which allows arbitral tribunals to rule on their own jurisdiction. The ruling highlights the importance of respecting the autonomy of arbitral tribunals in resolving disputes.