(1)A tribunal has jurisdiction—
(a)to determine any question arising under this Part or any agreement to which it applies, and
(b)to entertain any proceedings brought under this Part or any such agreement,
subject to subsections (2) to (6).
(2)Subsection (1) applies in relation to a question irrespective of anything contained in an arbitration agreement which has been entered into before that question arose.
(3)The court has jurisdiction—
(a)to determine any question arising by virtue of paragraph 5, 6, 7(1)(b), 38, 39 or 40(1)(b) of Schedule 2 under this Part or any agreement to which it applies, and
(b)to entertain any proceedings arising by virtue of any of those provisions brought under this Part or any such agreement,
subject to subsections (4) to (6).
(4)Subsection (5) applies if the owner and occupier have entered into an arbitration agreement before the question mentioned in subsection (3)(a) arises and the agreement applies to that question.
(5)A tribunal has jurisdiction to determine the question and entertain any proceedings arising instead of the court.
(6)Subsection (5) applies irrespective of anything contained in the arbitration agreement mentioned in subsection (4).