4.  Once the file has been transmitted to him, it is up to the arbitrator to decide whether he has jurisdiction or not.

Article 5 ABSENCE OF AN A.I.A. ARBITRATION AGREEMENT

If an agreement for arbitration does not exist between the parties or if the agreement does not refer to the A.I.A., the party with an interest in initiating an A.I.A. arbitration may make a request therefor in the request for arbitration, in accordance with the provisions of Article 6. If the acceptance of such a request together with the answer to the request for arbitration shall not reach the Secretariat within 60 days from the date on which the Secretariat shall have received the request, the Secretariat shall inform the parties that the A.I.A. arbitration cannot take place.

Article 6 REQUEST FOR ARBITRATION