Arbitration clause separability and kompetenz-kompetenz place jurisdictional objections before the tribunal, with section 34 review later.

Section 16 of the Arbitration and Conciliation Act empowers the arbitral tribunal to decide its own jurisdiction, including objections to the existence or validity of the arbitration agreement. The arbitration clause is treated as independent of the rest of the contract, so a challenge to the underlying contract does not by itself invalidate the clause. Jurisdictional objections are therefore to be raised before the tribunal, with a section 34 remedy available after the award if the objection is rejected. The petition was allowed and an arbitrator was directed to be nominated.

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Issues: Whether objections to the existence and operation of the arbitration clause, and to the arbitrator's jurisdiction, were required to be decided by the Court or could be raised before the arbitral tribunal.

Analysis: The petition sought reference of disputes to arbitration under the arbitration clause in the agreement. The Court noted that section 16 of the Arbitration and Conciliation Act, 1996 empowers the arbitral tribunal to rule on its own jurisdiction, including objections as to the existence or validity of the arbitration agreement. The arbitration clause is to be treated as independent of the other terms of the contract, and a challenge to the contract does not by itself invalidate the arbitration clause. If a jurisdictional objection is rejected by the tribunal, the aggrieved party has the remedy of an application under section 34 after the award.

Conclusion: The objections were held to be matters for the arbitral tribunal and not for decision in the petition; the petition was allowed and an arbitrator was directed to be nominated.

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