Soprim Construction SARL v Republic of Djibouti

Soprim Construction SARL v Republic of Djibouti

Article 1.2.5(a) of the Addendum does not extinguish Soprim's right to enforce Article 12.1.3 of the Concession Agreement; the arbitrator has substantive jurisdiction over the dispute.

Parties
Claimant/respondent: Soprim Construction SARL; Defendant/appellant: Republic of Djibouti
Jurisdiction
England and Wales
Judgment Date
18 May 2016
Procedural Posture
Arbitration Challenge / Judgment on Section 67 Application
Outcome
Application allowed; decision on addendum issue in favour of Soprim.
Legal Topics
Privity of Contract, Third Party Rights, Arbitration Jurisdiction, Interpretation of Contract Clauses
Contract Law Arbitration Privity of Contract Third Party Rights Arbitration Jurisdiction Interpretation of Contract Clauses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Soprim Construction SARL

Claimant/respondent

Republic of Djibouti

Defendant/appellant

Procedural Posture

Arbitration Challenge / Judgment on Section 67 Application

Legal Issues

  1. 1 Whether Article 1.2.5(a) of the Addendum extinguished Soprim's right to enforce Article 12.1.3 of the Concession Agreement
  2. 2 Whether the arbitrator had substantive jurisdiction over the dispute

Ratio Decidendi

Article 1.2.5(a) of the Addendum does not extinguish Soprim's right to enforce Article 12.1.3 of the Concession Agreement; the arbitrator has substantive jurisdiction over the dispute.

Court Disposition

Application allowed; decision on addendum issue in favour of Soprim.

Orders

  • Article 1.2.5(a) of the Addendum does not extinguish Soprim's right to enforce Article 12.1.3.
  • Arbitrator has substantive jurisdiction over the dispute.