Summary

Introduction

This case concerns the question whether an UNCITRAL arbitral tribunal had jurisdiction to determine a dispute between the investment authority of the state of Ras Al Khaimah (a state of the United Arab Emirates) and the Republic of India ("India") in connection with bauxite mining and aluminium production in India.

The arbitral tribunal comprised Lord Hoffmann (chair), Justice Chandramauli and J William Rowley QC ("the Tribunal"). As is well established, a tribunal is itself competent to rule on the issue of its jurisdiction under section 30 of the Arbitration Act 1996, but subject to challenge to the Court. The Tribunal's conclusion was that it had no jurisdiction. The issue is now before the Court by way of challenge under section 67 of the Arbitration Act 1996.

Conclusion

In my judgment the Tribunal has jurisdiction. I express no view on the merits of the dispute. I will consider with the benefit of any further argument from the parties, the Orders that should follow this conclusion.