The arbitrator’s jurisdiction or authority to hear a case. Substantive arbitrability objections involve whether or not the subject matter of the dispute is within the scope of arbitration. Procedural arbitrability claims involve whether or not conditions have been satisfied for the arbitration to go forward. Substantive arbitrability objections typically are reserved for judicial determination unless a labor agreement or the parties in a specific case confer such authority on an arbitrator. A presumption of arbitrability often is imposed by the final decision maker. Procedural arbitrability objections usually involve issues 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 of the dispute are argued.
