Neeraj Kumar Garg, LLM (Corporate Law), School of Law, Galgotias University, Greater Noida
ABSTRACT:
One of the main areas of confusion in dealing with the arbitrability and jurisdiction issue has undoubtedly been whether a specific dispute between parties is arbitrable or not and which forum has jurisdiction to arbitrate on the dispute. As a result, unclear law on this issue undermines the interests of the public and corporations.
The Arbitration And Conciliation Act, 1996, which allowed arbitration tribunals to arbitrate on disputes where an arbitration agreement is present, was passed by the Indian parliament as a result of the need to establish the procedure, powers, grounds, challenges, jurisdiction, and other aspects of the arbitration proceedings.
This research article aims to explore the kompetenz-kompetenz principle and arbitrability in Indian arbitration law. The doctrinal research technique will be used to write this paper in order to achieve the stated goal. Journals, case laws, and the Arbitration and Conciliation Act of 1996 will all be utilised for research.
Keywords: arbitrability, kompetenz-kompetenz, competence, jurisdiction, arbitration agreement, judicial intervention.
