Republic of Sierra Leone v SL Mining Ltd (Rev 1)

Republic of Sierra Leone v SL Mining Ltd (Rev 1)

A challenge based on the alleged prematurity of the Request for Arbitration under clause 6.9(c) of the Mining Licence Agreement is a matter of admissibility, not jurisdiction, and thus not subject to challenge under s 67 of the Arbitration Act 1996. Even if it were a jurisdictional issue, the Claimant consented to and waived the three-month period by insisting on service of the Request for Arbitration. Objectively, as at 30 August 2019, there was no realistic prospect of amicable settlement by 14 October 2019, so there was no breach of clause 6.9(c).

Parties
Claimant: The Republic of Sierra Leone; Defendant: SL Mining Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2021
Procedural Posture
Arbitration Challenge Under S 67 Arbitration Act 1996 / Judgment on Challenge to Arbitral Award
Outcome
Claim dismissed; challenge to arbitral award rejected.
Legal Topics
Jurisdiction Vs Admissibility, Condition Precedent to Arbitration, Waiver and Consent, Interpretation of Arbitration Clauses
Arbitration Commercial Law Jurisdiction Vs Admissibility Condition Precedent to Arbitration Waiver and Consent Interpretation of Arbitration Clauses

Case Brief

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Parties

The Republic of Sierra Leone

Claimant

SL Mining Limited

Defendant

Procedural Posture

Arbitration Challenge Under S 67 Arbitration Act 1996 / Judgment on Challenge to Arbitral Award

Legal Issues

  1. 1 Whether the challenge to the alleged prematurity of the Request for Arbitration is a jurisdictional issue under s 67 of the Arbitration Act 1996 or one of admissibility
  2. 2 Whether the Claimant consented to or waived the condition precedent to arbitration
  3. 3 Proper construction of clause 6.9(c) of the Mining Licence Agreement

Ratio Decidendi

A challenge based on the alleged prematurity of the Request for Arbitration under clause 6.9(c) of the Mining Licence Agreement is a matter of admissibility, not jurisdiction, and thus not subject to challenge under s 67 of the Arbitration Act 1996. Even if it were a jurisdictional issue, the Claimant consented to and waived the three-month period by insisting on service of the Request for Arbitration. Objectively, as at 30 August 2019, there was no realistic prospect of amicable settlement by 14 October 2019, so there was no breach of clause 6.9(c).

Court Disposition

Claim dismissed; challenge to arbitral award rejected.

Orders

  • No basis for challenge under s 67 of the Arbitration Act 1996.
  • The Partial Final Award on Jurisdiction stands.