Arbitrability – The arbitrator’s jurisdiction or authority to hear a case. Substantive arbitrability objections involve whether the subject matter of the dispute is within the scope of arbitration. Procedural arbitrability claims involve whether conditions have been satisfied for the arbitration to go forward. Substantive arbitrability objections typically are reserved for judicial determination, applying a presumption of arbitrabilty unless a labor agreement, or the parties in a specific case, confer such authority on an arbitrator. Procedural arbitrability objections usually involve issue of contractual time limits or other terms that are decided by an arbitrator, not a court. In some instances, arbitrability issues are bifurcated for a decision to be rendered before the merits are considered.
