§ 172.082.Determination of Jurisdiction of Arbitration Tribunal

One of the two most consequential sections in the chapter.

The tribunal may rule on its own jurisdiction, including an objection to the existence or validity of the arbitration agreement.

The arbitration clause is treated as a separate agreement. For that purpose, a clause that is part of a contract is an agreement independent of the contract’s other terms.

A void contract does not void the clause. A decision by the tribunal that the contract is void does not make the arbitration clause invalid.

That principle is what keeps the clause alive. Without it, a party could defeat arbitration by alleging the contract was never valid, since the clause would fall with it.

Jurisdictional pleas have a deadline. A party may not plead that the tribunal lacks jurisdiction after submitting the statement of defense.

Appointing an arbitrator does not forfeit the plea. A party is not precluded because it appointed or participated in appointing an arbitrator.

Excess-of-authority pleas have their own timing — raised when the matter said to be beyond the scope arises during the arbitration. The tribunal may allow a late plea if it considers the delay justified.

The tribunal may rule as a preliminary question or in the award on the merits.

A preliminary ruling upholding jurisdiction can go to court within 30 days, to the district court or business court division of the place of arbitration, and that decision is not subject to appeal.

The arbitration continues meanwhile. While the request is pending, the tribunal may continue and make an award.