Republic of Serbia v Imagesat International NV

Republic of Serbia v Imagesat International NV

Serbia, by agreeing to the Terms of Reference without timely or express reservation as to jurisdiction, contractually submitted to the arbitrator's substantive jurisdiction to determine whether it was a continuator or successor of the State Union and thus a proper party to the arbitration. The issue was arbitrable...

Source-derived case information.

Parties
Claimant (respondent in the Arbitration): The Republic of Serbia; Defendant (claimant in the Arbitration): ImageSat International NV
Jurisdiction
England and Wales
Judgment Date
16 November 2009
Procedural Posture
Arbitration Claim (challenge to Award) / Judgment on Section 67 Challenge to Arbitral Award
Outcome
Application dismissed
Legal Topics
Jurisdiction of Arbitral Tribunal, State Succession and Continuity, Justiciability and Arbitrability, Estoppel by Convention, Interpretation of Terms of Reference, Section 67 Arbitration Act 1996
Arbitration Public International Law Contract Law Jurisdiction of Arbitral Tribunal State Succession and Continuity Justiciability and Arbitrability Estoppel by Convention Interpretation of Terms of Reference +1 more

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Parties

The Republic of Serbia

Claimant (respondent in the Arbitration)

ImageSat International NV

Defendant (claimant in the Arbitration)

Procedural Posture

Arbitration Claim (challenge to Award) / Judgment on Section 67 Challenge to Arbitral Award

Legal Issues

  1. 1 Whether the arbitrator had substantive jurisdiction to determine if Serbia is the continuator or successor of the State Union of Serbia and Montenegro and thus a proper party to the arbitration agreement
  2. 2 Whether Serbia is precluded by submission to jurisdiction, estoppel, or sections 31/73 of the Arbitration Act 1996 from challenging the arbitrator's jurisdiction
  3. 3 Whether the issue of state succession/continuity is non-justiciable or non-arbitrable under English law

Ratio Decidendi

Serbia, by agreeing to the Terms of Reference without timely or express reservation as to jurisdiction, contractually submitted to the arbitrator's substantive jurisdiction to determine whether it was a continuator or successor of the State Union and thus a proper party to the arbitration. The issue was arbitrable and justiciable in this context. Serbia's challenge under section 67 is precluded by its submission to jurisdiction, and ImageSat is not estopped from raising the 'continuator' argument.

Court Disposition

Application dismissed

Orders

  • Serbia's application under section 67 of the Arbitration Act 1996 is dismissed
  • The Partial Award stands; the arbitrator had substantive jurisdiction