§ 9-9-37.Disputes as to jurisdiction

This section hands the tribunal the power to answer the first question in almost every hard-fought arbitration: does the tribunal have authority to decide this dispute? Paragraph (1) lets the tribunal rule on its own jurisdiction, including objections to whether an arbitration agreement exists or is valid. It also adopts the severability principle — the arbitration clause is treated as its own independent agreement, separate from the rest of the contract, so a ruling that the contract is null and void does not drag the arbitration clause down with it.

Paragraph (2) sets the timing for raising jurisdictional objections. A plea that the tribunal lacks jurisdiction has to come no later than the statement of defense, and appointing or helping appoint an arbitrator does not cost a party the right to make that plea. A different plea — that the tribunal is going beyond the scope of its authority — has to be raised as soon as the issue arises during the proceedings. The tribunal has some flexibility to accept a late plea if it thinks the delay was justified.

Paragraph (3) gives the tribunal a choice about how to handle these pleas: decide them right away as a preliminary matter, or fold the ruling into the award on the merits. If it rules early that it has jurisdiction, or partial jurisdiction, a party unhappy with that ruling can ask the court specified in Code Section 9-9-27 to weigh in, within 30 days and with the tribunal’s permission — and that court decision is final, with no appeal. Meanwhile, the tribunal does not have to stop; it can keep working and even issue an award while the court request is pending.