Preview Page SAR 2000 - 2

Jurisdictional Award rendered in 2000 in case 21/1999

Observations by M.I.M. Aboul-Enein

Procedural matters:

(1) Claimants’ legal capacity and proper representation; whether a consortium is a party.

(2) Whether the arbitral tribunal has jurisdiction to consider the case on its merits when, in accordance with the arbitration clause, adjudication shall precede arbitration.

Findings:

(1) The Consortium is not a party [Claimant] in this arbitration, and G [third party] is not a party. Claimant 1 and Claimant 2 have been partiesfrom the outset and remain properly represented and shall be recognised as Claimants.

(2) The absence of valid adjudication decides the fate of this arbitration, irrespective of any compliance or lack of compliance with any other aspects of the agreed procedure. The processing and progress of claims under the contracts through a properly appointed adjudicator is an essential feature of the dispute resolution procedure. The arbitral tribunal dismisses Claimants’ request for arbitration, without prejudice to Claimants’ right to bring any action before an arbitral tribunal or otherwise, in accordance with the dispute resolution procedure contained in the contracts, or otherwise.

Parties: Claimant 1 (Spain) Claimant 2 (Spain) Third party involved: G (Russian Federation) Respondent (Russian Federation)