Article 8 of the Model Law requires a court to refuse to hear an action which falls within the scope of an arbitration clause. The only exceptions are where the arbitration agreement is null and void, inoperative or incapable of being performed. The English Arbitration Act 1996 s9 is identically phrased and the New Zealand Arbitration Act 1996 incorporates the Model Law almost word for word. Considers the issue of whether a court, when facing proceedings in which the claimant has asserted that the dispute fallls outside the scope of the arbitration clause, should decide that issue for itself or leave it to the arbitrators. Discusses the New Zealand case "Clarence Holdings Ltd v Prendos Ltd" which addressed this issue. It was found that the arbitration clause was inoperative because it was only found in the lease form and not in the fitting out agreement. The claimants were therefore allowed to take their case in court. [PARTLY TAKEN FROM JOURNAL HEADNOTE]