Answer ... Whether a dispute is arbitrable is considered to be a matter of jurisdiction and such question can be raised by a party before the tribunal or before a court at any time during the proceedings. If such question is to be determined by a court, the arbitrators may continue the arbitral proceedings pending the determination by the court.

Answer ... An arbitral tribunal may rule on challenges in relation to arbitrability (see above), pursuant to Section 2 of the Arbitration Act. However, its ruling is not final. Thus, a party may institute court proceedings during or after arbitration to have the issue finally decided. If the arbitral tribunal finds that it lacks jurisdiction, it should dismiss the dispute by way of an award. If the arbitral tribunal instead affirms jurisdiction, this finding should take the form of a decision. Such a decision may be challenged before a competent court. If the arbitral tribunal issues an award dismissing the entire case for lack of jurisdiction, such an award may be appealed to the court of appeal within three months.

Answer ... Yes – a party can request a court to determine the question of the arbitrators’ jurisdiction to decide the dispute in accordance with the above.