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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