Who decides whether the requirements to arbitrate have been met?
If there is a disagreement about whether a requirement for arbitration has been met (for instance, whether one side has sent a request for arbitration to the other side within the time limit specified in the agreement) as opposed to whether there is an agreement to arbitrate at all, an arbitrator will decide. If one side seeks to have a court decide, the court will send the parties to arbitration, to have the arbitrator decide.
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