Join Stuart Isaacs QC, Alan Gourgey QC and Tom Robinson as they discuss the concepts of arbitrability, admissibility and jurisdiction.
The distinction between the three concepts is not always clear. To compound matters, the distinction is not always the same across different common law jurisdictions. This discussion provides an opportunity to consider those distinctions.
In particular, this discussion analyses the recent English Commercial Court decision in Republic of Sierra Leone v SL Mining [2021] EWHC 286 (Comm) concerning a challenge made under section 67 of the Arbitration Act 1996 and some FIDIC arbitral awards where the approach in Sierra Leone has not been adopted. It also looks at recent decisions of the Singapore Court of Appeal on the distinction between admissibility and jurisdiction. The Commercial Court’s decision in Armada Ship Management (S) Pte Ltd v Schiste Oil and Gas Nigeria Ltd [2021] EWHC 1094 (Comm) - a rare case under section 32 of the 1996 Act - is also be considered.
Stuart Isaacs QC - www.wilberforc...
Alan Gourgey QC - www.wilberforc...
Tom Robinson - www.wilberforc...
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This material is provided free of charge by Wilberforce Chambers for general information only and is not intended to provide legal advice. No responsibility for any consequences of relying on this as legal advice is assumed by the author(s) or the publisher; if you are not a solicitor, you are strongly advised to obtain specific advice from a lawyer. The contents of this material must not be reproduced without the consent of the author(s).
15 окт 2024
