English Court Sets Aside Tribunal’s Findings Of Lack Of Jurisdiction Under A BIT

The English court sets aside a Tribunal’s findings of lack of jurisdiction under a BIT

Herbert Smith Freehills review the 2 March 2018 decision of the English High Court in relation to a Bilateral Treaty between the Belgium-Luxembourg Economic Union and Poland, setting aside parts of an award on jurisdiction from a London-seated arbitration. The authors note that while rare, there are other examples of national courts considering the question of a tribunal’s jurisdiction in a treaty case but that courts will usually either confirm the tribunal’s ruling of jurisdiction or overturn a finding of jurisdiction, and that this case appears to be unique in overturning a finding of no jurisdiction and sending the claims back to the same Tribunal.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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