541. Determination of a preliminary point of jurisdiction of the arbitral tribunal.

The court1 may, on the application of a party2 to arbitral proceedings, and upon notice3 to the other parties, determine any question as to the substantive jurisdiction4 of the arbitral tribunal5. An application must not be considered unless it is made6:

  1.  

    (1)     with the agreement in writing7 of all the other parties to the proceedings8; or

  2.  

    (2)     with the permission of the tribunal, and the court is satisfied that9:

    1.  

      (a)     the determination of the question is likely to produce substantial savings in costs10;

    2.  

      (b)     the application was made without delay11; and

    3.  

      (c)     there is good reason why the matter