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Jurisdiction, admissibility, and AA 1996, s 67 challenges (Sierra Leone v SL Mining)

Published on: 17 February 2021
Published by: LexisPSL
  • Jurisdiction, admissibility, and AA 1996, s 67 challenges (Sierra Leone v SL Mining)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Arbitration analysis: This case involved a substantive jurisdiction challenge by Sierra Leone to a partial final award on jurisdiction, issued by an International Chamber of Commerce (ICC) arbitral tribunal, under section 67 of the Arbitration Act 1996 (AA 1996). Sir Michael Burton GBE in the Commercial Court dismissed the challenge, holding that the satisfaction of a condition precedent to arbitration was not a question of jurisdiction (whether the claim could be brought to arbitration), but of admissibility (whether the claim should not be heard by the arbitrators at all, or at least not yet). As such, it was squarely within the hands of the tribunal and not to be disturbed by the courts. The judge provided a helpful discussion of key English and international case law on the question, together with a brief survey of the leading academic commentary. Practitioners should be pleased with the result, which brings clarity and favours international uniformity. Written by Rumen Cholakov at 3 Verulam Buildings. or take a trial to read the full analysis.

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