Chapter 9

Question 1

What is meant by the ‘substantive jurisdiction’ of an arbitrator? In what circumstances may he lack such jurisdiction?

Question 2

What restrictions are placed upon a party’s entitlement to challenge the substantive jurisdiction of an arbitrator:
* before the arbitrator himself; and
* before the court?

Question 3

What are the principal powers of an arbitrator?

Question 4

What is meant by the immunity of an arbitrator? Give examples of when he might lose such immunity.

Question 5

When is a party to an arbitration prevented from requesting the arbitrator to rule on his substantive jurisdiction?

Question 6

What are the matters which determine whether a person can properly act as an arbitrator in respect of a particular dispute?

Question 7

When will a court hear a challenge of the substantial jurisdiction of an arbitrator?

Question 8

Examination-style questions
* In what circumstances might it be desirable for an arbitrator to rule on his substantial jurisdiction in his final award, and not earlier?

Question 9

Examination-style questions
* ‘There are far too many restrictions upon a party to an arbitration obtaining a ruling from a court that the arbitrator has no jurisdiction to hear the case.’ Discuss.

Question 10

Examination-style questions
* In a dispute concerning the sale of chemicals, the respondent contended that the arbitrator had no jurisdiction because the arbitration agreement related only to disputes concerning the sale of laboratory equipment and not the sale of chemicals. The arbitrator accepted this contention and has therefore refused to hear the
dispute. How can the claimant now get his dispute resolved?