Arbitral Award

The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement. The Act of 1996 has, hence, differed from the Act of 1940.

Under the earlier Act, even though the courts had the power to decide on affidavit, on the question as to the existence or validity or effect of the arbitration agreement, the arbitrators were barred from determining the validity of either the arbitration agreement or the question of their jurisdiction to conduct arbitration.