Seat Matters: Challenging a Tribunal’s Ruling on Jurisdiction

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Kompetenz-Kompetenz is the universally accepted principle that empowers arbitration tribunals to decide on their own jurisdiction. However, recent decisions in the Indian Supreme Court and the Singapore High Court provide timely reminders on whether and when such jurisdictional rulings can be referred to the local supervisory court. Parties must remember the inconsistency across jurisdictions in timings its challenge to the Tribunal’s ruling on jurisdiction.