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On 15 February 2021, the English Commercial Court in Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286 (Comm) ruled on the effect of non-compliance with a multi-tier dispute resolution provision.  The decision (available here) settles a difficult question of English arbitration law.  In summary the English Commercial Court held that: Non-compliance with a multi-tier dispute resolution provision is an issue of admissibility ( i.e. whether the claim is ripe to be heard) rather than jurisdiction ( i.e. whether the tribunal is competent to hear the claim at all). Whether a party has com...

On 15 February 2021, the English Commercial Court in Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286 (Comm) ruled on the effect of non-compliance with a multi-tier dispute resolution provision.  The decision (available here) settles a difficult question of English arbitration law.  In summary the English Commercial Court held that: Non-compliance with a multi-tier dispute resolution provision is an issue of admissibility ( i.e. whether the claim is ripe to be heard) rather than jurisdiction ( i.e. whether the tribunal is competent to hear the claim at all). Whether a party has co...

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 c...

Introduction Arbitration has long been valued as an entirely voluntary process. In an ideal international commercial arbitration equally sided parties may freely decide to arbitrate as well as agree on innumerable options of how exactly possible disputes shall be resolved: institution or ad hoc arbitration, seat and language of arbitration, venues and means of proceedings, number and description of arbitrators, allocation of costs, etc. Enjoying such procedural freedom, parties frequently decide that one party saves the option to refer disputes either to arbitration or to state court whilst t...

To print this article, all you need is to be registered or login on Mondaq.com. The International Chamber of Commerce (ICC) 2021 Arbitration Rules (2021 Rules) amend the 2017 Arbitration Rules (2017 Rules) and will come into force and apply to arbitrations submitted to the ICC's International Court of Arbitration from 1 January 2021.   While the revisions to the 2017 Rules are intended to offer clarity and transparency to parties in complex disputes, this comes to some extent at the expense of party autonomy. "  by amending the procedural framework of ICC arbitration...