56.2 Substantive jurisdiction

The term ‘substantive jurisdiction’ is defined in the Arbitration Act 19961 as referring to three matters2:

  1. 56.2.1

        whether there is a valid arbitration agreement between the parties;

  2. 56.2.2

        whether the tribunal has been properly constituted; and

  3. 56.2.3

        what matters have been submitted to arbitration in accordance with the arbitration agreement.

It is likely that this is an exhaustive list of the matters comprising substantive jurisdiction3.

On the question of the validity of the arbitration agreement, the courts have addressed issues such as:

  1. 56.2.4

        whether an arbitration agreement was concluded4;

  2. 56.2.5

        whether a party to the proceedings was a proper

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