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