arbitrator can decides jurisdiction

The State Of Jharkhand, Through ... vs R.K. Construction (Pvt.) Ltd ...  Hon'ble High Court of Jharkhand observed as  'the Arbitrator, appointed as per the terms of the Arbitration Agreement within the meaning of Section 7 of the Act (not under the provisions of Section 11 of the said Act) is competent to decide the objection of his own jurisdiction'

2012 STPL(Web) 591 SC Hindustan Copper Ltd Vs Monarch Gold Mining Co Ltd

Arbitration act- sec 11- application for appointment of arbitrator to be delt with by chief justice or designating judge- the said judge can not sent the file to Chief Justice for appointment of arbitrator after holding that its need adjudication by arbitrator - this type of tier system is not provided.

Datar Switchgears Ltd. Vs Tata Finance Ltd & Anr 2001(1) RCR (Civil) 267

So far as cases falling under Section 11(6) are concerned - such as the one before us - no time limit has been prescribed under the Act, whereas a period of 30 days has been prescribed under Section 11(4) and Section 11(5) of the Act. In our view, therefore, so far as Section 11(6) is concerned, if one party demands the opposite party to appoint an arbitrator and the opposite party does not make an appointment within 30 days of the demand, the right to appointment does not get automatically forfeited after expiry of 30 days. If the opposite party makes an appointment even after 30 days of the demand, but before the first party has moved the court under Section 11, that would be sufficient. In other words, in cases arising under Section 11(6), if the opposite party has not made an appointment within 30 days of demand, the right to make appointment is not forfeited but continues, but an appointment has to be made before the former files application under Section 11 seeking appointment of an arbitrator. Only then the right of the opposite party ceases. We do not, therefore, agree with the observation in the above judgments that if the appointment is not made within 30 days of demand, the right to appoint an arbitrator under Section 11(6) is forfeited.