On 15 February 2021, the English Commercial Court in
Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286
(Comm) ruled on the effect of non-compliance with a multi-tier
dispute resolution provision. The decision (available
here) settles a difficult question of English arbitration
law.
In summary the English Commercial Court held that:
Non-compliance with a multi-tier dispute resolution provision
is an issue of admissibility (
i.e. whether the claim is
ripe to be heard) rather than jurisdiction (
i.e. whether
the tribunal is competent to hear the claim at all).
Whether a party has complied with a multi-tier dispute
resolution provision is a procedural matter which falls within the