Challenge to Jurisdiction of Arbitrators: Sections 16, 34, 37
1 A Party has to challenge the Final Award u/s 34 when its Application challenging the Jurisdiction of Arbitrator u/s 16, is rejected by the Arbitrator.
2 Writ Jurisdiction, challenging Order u/s 16 of the Arbitrator, can be invoked only on the grounds of inherent lack of jurisdiction or exceptional circumstances.
3 Writ Jurisdiction may be invoked in such cases where the Arbitrator exceeds the Reference, and remedy may not be available u/s 34(2)(a)(iv) of the Act.
4 An Order, passed u/s 16 of the Act, where Arbitrator accepts the plea of lack of its Jurisdiction, can be challenged u/s 34 of the Act.
5 The plea of insufficiency of Stamp Duty, touching upon the question of the validity of the Loan Agreements, is a jurisdictional issue.