What is the test for a challenge to the jurisdiction of an arbitrator?
British Columbia, Canada
The following excerpt is from Robinson v. National Money Mart Company, 2013 BCSC 967 (CanLII):
An arbitrator has the ability to determine his or her jurisdiction. This is known as the competence-competence principle. In other words, any challenge to an arbitrator’s jurisdiction over a dispute should first be determined by the arbitrator, unless the challenge involves a pure question of law, or one of mixed fact and law that requires for its disposition “only superficial consideration of documentary evidence in the record, and is not merely a delaying tactic” (see: Seidel v. Telus Communications Inc., 2011 SCC 15 (“Seidel”) at paras. 28-29 and 114).
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