Is a claim falling within the 'excepted matters' clause of a works contract decided by the Arbitral Tribunal under Section 16 of the Arbitration and Conciliation Act, 1996, not by the Court?

Arbitration and Conciliation Act, 1996 — s.16, s.11(6A) — Constitution of India, Art.226 — Kompetenz-kompetenz — Excepted matters — Arbitration and Conciliation Act, 1996 — s.16 — Excepted matters — Tribunal's competence — Held: A claim falling within the 'excepted matters' clause of a works contract is decided by the Arbitral Tribunal under Section 16, not by a court exercising Section 11 or Article 226 jurisdiction. (¶18) s.11(6A) — Eye of the needle standard — When in doubt, refer — Held further: A court examining a Section 11 application must refer the parties to arbitration unless it is manifestly and ex facie certain the arbitration agreement is non-existent, invalid, or the dispute non-arbitrable. (¶16) Writ appellate jurisdiction — No pre-determination of Tribunal's jurisdiction — Held further: A writ appellate court cannot prescribe in advance the manner of, or place constraints upon, the Arbitral Tribunal's adjudication of its own jurisdiction under Section 16. Appeal disposed of accordingly. (¶19, 20, 22)