Facts
On 15 February 2013, Z. Sàrl initiated an arbitration proceeding against Federation X. based on the Energy Charter Treaty. The arbitral tribunal, composed of three members, was constituted in accordance with the UNCITRAL Arbitration Rules and its seat was fixed in Geneva.
On 11 April 2014, Federation X. raised an objection to the jurisdiction of the arbitral tribunal, based on five alternative grounds. The arbitral tribunal decided to examine three of these grounds preliminarily, deferring the other two to the examination of the merits of the case.
On 18 January 2017, the arbitral tribunal rendered an interim award on jurisdiction, rejecting the first three grounds of lack of jurisdiction, while reserving the examination of the other two grounds for the judgment on the merits.
On 17 February 2017, Federation X. appealed this interim award to the Federal Tribunal, alleging a violation of Article 190(2)(b) of the PILA.
Considerations
The Federal Tribunal dismissed the appeal, considering that it was not admissible. Indeed, the interim award rendered by the arbitral tribunal does not constitute a final decision on its jurisdiction, within the meaning of Article 190(2)(b) of the PILA.
The Federal Tribunal explained that only a decision definitively settling the issue of the jurisdiction of the arbitral tribunal, whether positively or negatively, can be the…