Valid arbitral appointment under an arbitration clause cannot be reopened to oust jurisdiction in favour of a statutory tribunal regime.

Where a contract contains an arbitration clause and an arbitrator is validly appointed under section 11(6), the arbitral tribunal cannot reopen that appointment or refuse jurisdiction merely because a statutory tribunal regime is said to apply. The existence of a prior final appointment order means the tribunal must proceed with the reference, and the contrary jurisdictional objection cannot displace the arbitration clause. The document states that the award was not void on that ground and that the High Court's contrary view was set aside, confirming the primacy of the valid arbitral appointment over the claimed exclusive statutory forum.

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Issues: Whether the sole arbitrator appointed under section 11(6) of the Arbitration and Conciliation Act, 1996 lacked jurisdiction on the ground that the dispute was required to be referred only to the statutory tribunal under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983.

Analysis: The contract contained an arbitration clause, and the earlier order appointing the arbitrator under section 11(6) had attained finality. Where an arbitration clause exists, the Arbitration and Conciliation Act, 1996 applies, and the statutory tribunal regime under the 1983 Adhiniyam does not displace it. Once the Chief Justice or his designate appoints an arbitrator after being satisfied that the conditions for appointment exist, the arbitral tribunal cannot sit in appeal over that appointment or rule that it lacks jurisdiction merely because of a contrary jurisdictional objection.

Conclusion: The objection to the arbitrator's jurisdiction was rejected. The award was not liable to be treated as void on that ground, and the High Court's contrary view was set aside in favour of the appellant.

Ratio Decidendi: Where an arbitration clause exists and an arbitrator is validly appointed under section 11(6), the arbitral tribunal cannot decline jurisdiction by reopening the validity of that appointment or by treating the dispute as exclusively governed by the statutory tribunal regime.

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