The appellant appealed an application judge's order appointing an arbitrator and defining the scope of the arbitration regarding a dispute over the use of casino revenues to fund litigation.
The appellant argued the application judge exceeded his authority by defining the arbitrator's jurisdiction.
The Court of Appeal dismissed the appeal, finding that the Arbitration Act, 1991 does not grant an arbitrator exclusive authority to decide jurisdictional questions in the first instance.
The court held that the application judge properly exercised his jurisdiction to assist the parties and prevent multiple proceedings by deciding between the competing draft orders.
