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Clifford Chance advises on financing for the first line of the Bogota metro, Colombia s largest infrastructure project

Leading international law firm Clifford Chance has advised BBVA and Bancolombia as lenders in connection with the COP$678,450,500,000 (approximately US$175 million) bridge financing for the construction of the first line of the Bogota Metro. The line will consist of a 24 kilometer viaduct with 16 stations along its route, integrating with Transmilenio, Bogota s bus rapid transit system.

Compliance with preconditions to arbitration a matter of admissibility, not jurisdiction

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 confirms that initiation of arbitration proceedings, in apparent breach of a mandatory multi-tiered dispute resolution clause, may be valid where settlement of the dispute is deemed impossible within the remaining prescribed period.

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