Opinion & Order
For over a decade, the petitioners, a group of three Chinese companies, and respondent, the country of Mongolia, fought over the ownership of a valuable mining concession. Those proceedings started in the Mongolian court system, rose to its Supreme Court, jumped to an arbitration tribunal in New York, and, pause for now here, in the Southern District of New York.
The Chinese companies move this Court to perform a de novo review of the arbitral tribunal's decision that the dispute between the parties was not arbitrable, vacate that decision, and compel the parties to return to arbitration for a decision on the merits. Mongolia cross-moves the Court to defer to the arbitrators' reasoning and conﬁrm their award.
The Chinese companies , by initiating this arbitration, aﬃrmatively arguing for the tribunal's jurisdiction, and vigorously participating in the seven-year-long arbitration proceedings, have waived their opportunity to object now to the arbitrators' ability to decide arbitrability. The Court therefore ﬁnds that the parties clearly and unmistakably agreed to place the question of arbitrability before the tribunal, and the Court conﬁrms the award after comperforming a deferential review. Mongolia's motion is GRANTED. The Chinese companies' motion is DENIED.