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Republic of Sierra Leone v SL Mining
The English High Court (Sir Michael Burton GBE) has handed down a significant judgment dismissing a challenge to a Tribunal’s jurisdiction under section 67 of the Arbitration Act 1996 -
Republic of Sierra Leone v SL Mining [2021] EWHC 286 (Comm). King & Spalding represented SL Mining before the High Court and continues to represent it in the ongoing underlying ICC Arbitration, and in an ICSID Arbitration. Thomas K. Sprange QC and Kabir Bhalla appeared with Ali Malek QC in the High Court, instructed by John Savage QC.
The decision is the first detailed consideration in English law of the distinction between jurisdiction and admissibility in a jurisdiction challenge under section 67 of the Arbitration Act 1996. It is the first decision to find that compliance with a condition precedent to arbitration (in the form of a pre-arbitration negotiation requirement under an arbitration clause) is a question of admissibility that must be ch ....

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