Allocating Responsibility for Determining Arbitrability
Option A: Primary Responsibility Allocated to the Arbitral Tribunal
“[The parties further agree that] the arbitral tribunal, and not the court, shall have primary responsibility to hear and determine challenges to the jurisdiction of the arbitral tribunal.”
Option B: Primary Responsibility Allocated to the Court
“[The parties further agree that] the court, and not the arbitral tribunal, shall have primary responsibility to hear and determine challenges to the jurisdiction of the arbitral tribunal.”
See also:
CPR Model Clauses for Allocating Responsibility for Determining Arbitrability and Commentary
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The information and resources on this website should not be construed as legal advice or opinion, or as a substitute for the advice of counsel.