Questions On Legality Of Revival Of Arbitral Proceedings To Be Adjudicated By Tribunal U/S 16 Of A&C Act: Delhi High Court

The Delhi High Court has clarified the jurisdiction for adjudicating questions concerning the revival of arbitral proceedings. The court ruled that such matters, specifically the legality of revived proceedings, should be exclusively decided by the arbitral tribunal itself under Section 16 of the Arbitration and Conciliation Act. This decision reinforces the principle of Kompetenz-Kompetenz, which grants the arbitral tribunal the authority to rule on its own jurisdiction, including challenges to the existence or validity of the arbitration agreement. By directing these issues to the tribunal, the court aims to minimize judicial intervention and streamline the arbitration process, promoting efficient dispute resolution.