Arbitral tribunal
Also called: Arbitral panel
A sole arbitrator or a panel of arbitrators (Section 2(1)(d) of the Arbitration and Conciliation Act, 1996). It decides the dispute and may rule on its own jurisdiction.
Explained
Section 2(1)(d) of the Arbitration and Conciliation Act, 1996 defines arbitral tribunal as a sole arbitrator or a panel of arbitrators. Under Section 10, the parties are free to fix the number of arbitrators provided it is not an even number; failing that, the tribunal consists of a sole arbitrator. Appointment is governed by Section 11, and Section 12 requires a prospective arbitrator to disclose in writing circumstances that may raise justifiable doubts about independence or impartiality.
Section 16 embodies competence-competence. The tribunal may rule on its own jurisdiction, including objections about the existence or validity of the arbitration agreement. For that purpose an arbitration clause is treated as independent of the other terms of the contract, and a finding that the contract is void does not by itself invalidate the clause. A plea of lack of jurisdiction must be raised not later than the statement of defence. Relying on this, the seven-judge Bench in In re Interplay between Arbitration Agreements and the Stamp Act (2023) held that stamping objections are for the tribunal, and Vidya Drolia v. Durga Trading Corporation (2020) treated the tribunal as the preferred first authority on non-arbitrability, with the referral court applying only a prima facie test. SBI General Insurance Co. Ltd. v. Krish Spinning (2024) left a plea of accord and satisfaction to the tribunal.
Under Section 17 the tribunal may grant interim measures during the proceedings, and once it is constituted Section 9(3) bars the Court from entertaining an interim application unless the remedy under Section 17 may not be efficacious. In Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. (2021) the Court held that, in the context of Section 17(1) and Section 9(3), the arbitral tribunal includes an Emergency Arbitrator appointed under institutional rules. Section 29A requires a domestic award within twelve months from completion of pleadings.
Examiners test the odd-number rule, the default sole arbitrator, separability and competence-competence, and the bar in Section 9(3).
What the law says
(d) “arbitral tribunal” means a sole arbitrator or a panel of arbitrators;
Clause (1)(d) defines arbitral tribunal
(2) Failing the determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole arbitrator.
Number of arbitrators; default sole arbitrator
(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,—
(a) an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract; and
(b) a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.
Competence of tribunal to rule on its jurisdiction
[(1) A party may, during the arbitral proceedings ***, apply to the arbitral tribunal—
(i) for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or
(ii) for an interim measure of protection in respect of any of the following matters, namely:—
Interim measures ordered by the tribunal
(3) Once the arbitral tribunal has been constituted, the Court shall not entertain an application under sub-section (1), unless the Court finds that circumstances exist which may not render the remedy provided under section 17 efficacious.]
Court interim measures; bar after tribunal is constituted
[ [(1) The award in matters other than international commercial arbitration shall be made by the arbitral tribunal within a period of twelve months from the date of completion of pleadings under sub-section (4) of section 23:
Provided that the award in the matter of international commercial arbitration may be made as expeditiously as possible and endeavor may be made to dispose of the matter within a period of twelve months from the date of completion of pleadings under sub-section (4) of section 23.]
(2) If the award is made within a period of six months from the date the arbitral tribunal enters upon the reference, the arbitral tribunal shall be entitled to receive such amount of additional fees as the parties may agree.
Time limit for the award
Example
For example, if a contract provides for arbitration but says nothing about the number of arbitrators, the dispute goes to a sole arbitrator under Section 10(2), and that arbitrator may decide an objection that the arbitration clause itself is invalid.
For the exam
- Section 2(1)(d): a sole arbitrator or a panel of arbitrators.
- Section 10: number cannot be even; default is a sole arbitrator.
- Section 16: tribunal rules on its own jurisdiction; arbitration clause is separable.
- Section 9(3): once the tribunal is constituted, Court interim relief only if Section 17 is not efficacious.
- Amazon v. Future Retail (2021): an Emergency Arbitrator is within 'arbitral tribunal' for Section 17.
68 questions in the Law Maker question bank use this term. Practise Arbitration and Conciliation Act, 1996 questions
Judgments
- Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. (2021)An Emergency Arbitrator's interim award under institutional rules agreed by the parties is an order under Section 17(1) of the Arbitration Act, enforceable under Section 17(2), and no appeal lies against an enforcement order under Section 17(2).
- In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 (2023)A seven-judge bench held that an unstamped or insufficiently stamped agreement is inadmissible in evidence but not void, and that objections about stamping are for the arbitral tribunal, not the referral court under Sections 8 or 11.
- Vidya Drolia v. Durga Trading Corporation (2020)The Court laid down a four-fold test for non-arbitrability, overruled Himangni Enterprises to hold landlord-tenant disputes under the Transfer of Property Act arbitrable, and confined courts under Sections 8 and 11 to a prima facie review.
- SBI General Insurance Co. Ltd. v. Krish Spinning (2024)A full and final settlement does not end the arbitration agreement; a plea of accord and satisfaction is for the arbitral tribunal, and the referral court under Section 11 only checks the prima facie existence of the arbitration agreement.
Related terms
- Arbitration agreementAn agreement by the parties to submit to arbitration all or certain disputes, present or future, arising out of a defined legal relationship (Section 7 of the Arbitration and Conciliation Act, 1996).
- Arbitral awardThe decision of an arbitral tribunal on the dispute referred to it, including an interim award (Section 2(1)(c) of the Arbitration and Conciliation Act, 1996).
- International commercial arbitrationAn arbitration of a dispute arising from a legal relationship considered commercial under Indian law, where at least one party is foreign in nationality, residence, incorporation or control. Section 2(1)(f) of the Arbitration Act.
- Foreign awardAn award on commercial differences made on or after 11 October 1960 under a written New York Convention agreement, in a territory notified by the Central Government. Section 44, Arbitration Act, 1996.
- Commercial disputeA dispute arising out of any of the transactions listed in Section 2(1)(c) of the Commercial Courts Act, 2015, such as mercantile documents, construction contracts, IP rights and sale of goods.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.