How do the courts react on the arbitral jurisdictional issues in Ontario?
The jurisdiction of a consensual arbitrator flows from the authority given by the parties to the agreement. According to the competence-competence principle, the arbitral tribunal possesses jurisdiction to decide the scope of disputes between the parties according to the common intention consolidated in the arbitration agreement signed by those parties who agree to be bound by the arbitral process.
Continue reading “A Preliminary Study of Ontario Arbitral Awards on Jurisdictional Issues”