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Jurisdictional Objection Rejected by Arbitrator Cannot Be Independently Challenged Under Sections 34 or 37: Supreme Court

30 Apr 2026 3 min read
Jurisdictional Objection Rejected by Arbitrator Cannot Be Independently Challenged Under Sections 34 or 37: Supreme Court

The Supreme Court of India has clarified an important legal position under the Section 16 Arbitration and Conciliation Act 1996, holding that a party cannot independently challenge an arbitral tribunal’s decision on jurisdiction during ongoing proceedings. The Court ruled that such challenges can only be raised after the final arbitral award is passed. Background of the dispute The case arose between M/s. MCM Worldwide Private Limited and M/s. Construction Industry…

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