Competency and Jurisdiction of Arbitral Tribunals : Some Issues

Arbitration is becoming the most important method of dispute resolution in international commercial transactions. Inspired by the international conventions, arbitration is now seen as more effective than litigation before a national court. At the same time it has got some inherent legal issues associated with it. Though arbitration seeks to insulate the entire process from undue interference from national courts, it is also necessary to have such interference from the part of courts especially when there are issues as to the incompetency and lack of jurisdiction of an arbitral tribunal. This article seeks to examine the scope and extent of such judicial intervention particularly with respect to appointment, qualifications, jurisdiction etc. of arbitrators. It also brings out the major policy issues involved in the entire exercise and possible suggestions to improve the system of arbitration