There may be circumstances in which a party to an arbitration proceeding wishes to challenge the arbitrator’s jurisdiction, or the authority of the arbitrator to hear and decide the dispute. This can happen if the party believes that the arbitration agreement is invalid, that the dispute is not covered by the agreement, or that the arbitrator is not properly qualified to preside over the case. In order to challenge the arbitrator’s jurisdiction, the party must raise the issue at the earliest possible opportunity. This can typically be done by making a preliminary objection at the start of the arbitration proceedings. If the objection is successful, the arbitration may be terminated and the parties may have to pursue their dispute before another mutually agreed arbitrator or through the courts instead.

It is important to consult our arbitration experts on challenging an arbitrator whom you may not be comfortable with in your dispute.