You are viewing the translated version of मध्यस्थले क्षेत्राधिकार निर्धारण गर्न सक्ने.
Section 16
Arbitrator can determine jurisdiction
(1) If any party wants to claim that the arbitrator does not have jurisdiction to decide the dispute submitted to the arbitrator or that the contract out of which the dispute arose is illegal or voidable or ineffective, he should submit such claim to the arbitrator. may and the arbitrator shall make a decision regarding jurisdiction or the validity or effectiveness of the contract before commencing the work entrusted to him.
(2) The party who is not satisfied with the decision under sub-section (1) may file an application in the High Court within thirty days from the date of the decision and the decision given by the High Court shall be final.
(3) For the purpose of deciding on the validity or effectiveness of the contract according to sub-section (1), if there is a provision for settlement of disputes through arbitration in any contract and that provision is an integral part of the same contract, the arbitration provision of that contract shall be considered as a separate contract. Even if the arbitrator decides that such contract is void or invalid or ineffective, such provision shall not be deemed to be legally void or invalid or ineffective for the same reason.
(4) Claims as per sub-section (1) cannot be made after the expiry of the time limit for submission of counter-claims as per sub-section (2) of section 14.
(5) It shall not be considered that a party has been deprived of taking a claim under sub-section (1) merely because a party has appointed an arbitrator on its behalf or has participated in the appointment of an arbitrator or consented to the appointment of an arbitrator.
(6) An application filed in the High Court in accordance with sub-section (2) shall not be deemed to be a hindrance to the arbitrator in continuing his proceedings and making a decision without a final decision from that court.
(2) The party who is not satisfied with the decision under sub-section (1) may file an application in the High Court within thirty days from the date of the decision and the decision given by the High Court shall be final.
(3) For the purpose of deciding on the validity or effectiveness of the contract according to sub-section (1), if there is a provision for settlement of disputes through arbitration in any contract and that provision is an integral part of the same contract, the arbitration provision of that contract shall be considered as a separate contract. Even if the arbitrator decides that such contract is void or invalid or ineffective, such provision shall not be deemed to be legally void or invalid or ineffective for the same reason.
(4) Claims as per sub-section (1) cannot be made after the expiry of the time limit for submission of counter-claims as per sub-section (2) of section 14.
(5) It shall not be considered that a party has been deprived of taking a claim under sub-section (1) merely because a party has appointed an arbitrator on its behalf or has participated in the appointment of an arbitrator or consented to the appointment of an arbitrator.
(6) An application filed in the High Court in accordance with sub-section (2) shall not be deemed to be a hindrance to the arbitrator in continuing his proceedings and making a decision without a final decision from that court.