An examination of the differences between arbitrability and jurisdiction. Author Justin posits that an arbitrator serves as parties’ agent, with the arbitrator’s award viewable as a contract of settlement, and that, while questions of arbitrability can be submitted either to the arbitrator or to a court, submission to an arbitrator who will also decide the substantive merits of the dispute has the advantage of assuring that the arbitrability will be resolved coextensive with the typical no-strike clause. Examples of disputes regarding the nature and extent of the arbitrator’s authority are presented. Author Davey argues in favor of bifurcating the issue of arbitrability from the merits.