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