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According to the Commercial Court Annual Report 2020-2021, 802 claims were issued in the English Commercial Court in that legal year, and the Court…

NWA v NVF, hot on the heels of a similar decision in Sierra Leone v SL Mining Ltd [2021] EWHC 286 (Comm), confirms that, under English law, non-compliance with a pre-arbitral obligation...

In its decision in Sierra Leone v SL Mining Ltd,(1) the High Court confirmed that alleged non-compliance with the provisions of a multi-tiered dispute resolution clause (in particular, the submission of claims to arbitration prior to the end of a prescribed period of negotiation) is exclusively a matter of admissibility for the arbitral tribunal and cannot lead to a successful jurisdictional challenge under Section 67 of the Arbitration Act 1996. This decision confirms the scope of a London-seated tribunal's substantive jurisdiction under Section 30(1) of the Arbitration Act. It also confirm...

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...