agreements. If a matter concerns such circumstances, arbitrators (and disputing parties) should turn their minds to the following questions: where does the arbitration clause exist?; under which agreement does the dispute arise?; how does the drafting of the arbitration clause affect disputes that may not strictly arise under the agreement containing the arbitration clause?; and who are the parties to, and who will be affected by, the arbitration, and were they the original parties to the agreement containing the arbitration clause? Arbitrators (and disputing parties) should also be cognisant of these jurisdictional issues for the purposes of the arbitration timeline. In this case, although the arbitrator had determined the issue three months before the arbitration hearing, the jurisdictional question was only determined by the Court two weeks before the arbitration hearing.
About the Authors
Karen Ingram Partner
Alan Parnell Graduate
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