where parties differ to a matter as fundamental as whether they have agreed any

where parties differ to a matter as fundamental as whether they have agreed any contract or any containing an arbitration clauseit is most likely that one or other of them will rest content the decision of arbitrators as to either their jurisdiction or as to the par tie rights. for one or other party is saying that there is simply no agreement that arbitrators can resolve their disputes. in such circumstances the issues of jurisdiction is likely to come before the courts sooner or later and when it does i will have to be decided by the court fro first principles and in the light of fact which whether the investigation by the arbitrators are yet to be determined on the evidence by the court.