We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

Jurisdiction: jurisdiction and admissibility

Arbitration Law Monthly

Jurisdiction: jurisdiction and admissibility

The decision of Sir Michael Burton in Republic of Sierra Leone v SL Mining Ltd [2021] EWHC 286 (Comm); [2022] Lloyd’s Rep Plus 97 is short but nevertheless extremely important. The court has given express recognition to the distinction between the power of a tribunal to hear a claim (jurisdiction) and the exercise of that power (admissibility). The operation of a tiered dispute resolution clause which requires negotiation before the commencement of arbitration was held to fall into the latter category and thus not be amenable to a jurisdictional challenge under section 67 of the Arbitration Act 1996.

Sierra Leone : the facts

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click login button.