They are agreed on the five stage framework set out in Haas v. Gunasekaram 2016 ONCA 744 (“Haas”). They also agree that issues of jurisdiction should be left to the arbitrator to determine under the competence-competence principle, subject to limited exceptions. That principle derives from 17(1) of the Arbitration Act which states that: 17(1) An arbitral panel may rule on its own jurisdiction to conduct the arbitration and may in that connection rule on objections with respect to the existence or validity of the arbitration agreement.
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