The applicant, a Near Band, challenged the jurisdiction of an arbitrator to hear a dispute arising from a limited partnership agreement concerning the distribution of gaming revenues.
The applicant argued it was not bound by the agreement because the individual who signed it on its behalf lacked authority.
The Superior Court of Justice, treating the application as a hearing de novo, found that the individual had apparent authority, no other person held themselves out as Chief at the time, and the applicant had accepted benefits under the agreement for six years.
The application was dismissed, and the arbitrator was found to have jurisdiction.
