Claims Manifestly without Legal Merit Sample Clauses

Claims Manifestly without Legal Merit. 1. The respondent may, no later than thirty days after the constitution of a division of the Tribunal pursuant to Article 3.9 (Tribunal of First Instance) and in any event before the first session of the division of the Tribunal, file an objection that a claim is manifestly without legal merit. 2. The respondent shall specify as precisely as possible the basis for the objection. 3. The Tribunal, after giving the disputing parties an opportunity to present their observations on the objection, shall, at the first session of the division of the Tribunal or promptly thereafter, issue a decision or provisional award on the objection. 4. This procedure and any decision of the Tribunal shall be without prejudice to the right of a respondent to object, pursuant to Article 3.15 (Claims Unfounded as a Matter of Law) or in the course of the proceedings, to the legal merits of a claim and without prejudice to the Tribunal's authority to address other objections as a preliminary question.
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Claims Manifestly without Legal Merit. 1. The respondent may, no later than thirty days after the constitution of a division of the Tribunal pursuant to Article 3.9 (Tribunal of First Instance) and in any event before the first session of the division of the Tribunal, file an objection that a claim is manifestly without legal merit. 2. The respondent shall specify as precisely as possible the basis for the objection. 3. The Tribunal, after giving the disputing parties an opportunity to present their observations on the objection, shall, at the first session of the division of the Tribunal or promptly thereafter, issue a decision or provisional award on the objection. 4. This procedure and any decision of the Tribunal shall be without prejudice to the right of a respondent to object, pursuant to Article 3.15 (Claims Unfounded as a Matter of Law) or in the course of the proceedings, to the legal merits of a claim and without prejudice to the Tribunal's authority to address other objections as a preliminary question. 7 For greater certainty, the domestic law of the Parties shall not be part of the applicable law. Where the Tribunal is required to ascertain the meaning of a provision of the domestic law of one of the Parties as a matter of fact, it shall follow the prevailing interpretation of that provision made by the courts or authorities of that Party, and any meaning given to the relevant domestic law made by the Tribunal shall not be binding upon the courts or the authorities of either Party. The Tribunal shall not have jurisdiction to determine the legality of a measure, alleged to constitute a breach of this Agreement, under the domestic law of the disputing Party.
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Claims Manifestly without Legal Merit. 1. The respondent may, no later than 30 days after the constitution of the division of the Tribunal, and in any event before its first session, file an objection that a claim is manifestly without legal merit. 2. An objection shall not be submitted under paragraph 1 if the respondent has filed an objection pursuant to Article 8.33. 3. The respondent shall specify as precisely as possible the basis for the objection. 4. On receipt of an objection pursuant to this Article, the Tribunal shall suspend the proceedings on the merits and establish a schedule for considering such an objection consistent with its schedule for considering any other preliminary question. 5. The Tribunal, after giving the disputing parties an opportunity to present their observations, shall at its first session or promptly thereafter, issue a decision or award stating the grounds therefor. In doing so, the Tribunal shall assume the alleged facts to be true. 6. This Article shall be without prejudice to the Tribunal’s authority to address other objections as a preliminary question or to the right of the respondent to object, in the course of the proceeding, that a claim lacks legal merit.
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Claims Manifestly without Legal Merit. 1. The respondent may, no later than 30 days after the constitution of the division of the Tribunal pursuant to Article 10.33
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Claims Manifestly without Legal Merit. 24.1. The respondent CONTRACTING PARTY may, no later than 30 calendar days after the constitution of the ARBITRAL TRIBUNAL, and in any event before its first session, file an objection that a claim is manifestly without legal merit. 24.2. An objection shall not be submitted under Article 24.1 if the respondent CONTRACTING PARTY has filed an objection pursuant to Article 25. 24.3. The respondent CONTRACTING PARTY shall specify as precisely as possible the basis for the objection. 24.4. On receipt of an objection pursuant to this Article 24, the ARBITRAL TRIBUNAL shall suspend the proceedings on the merits and establish a schedule for considering such an objection consistent with its schedule for considering any other preliminary question. 24.5. The ARBITRAL TRIBUNAL, after giving the DISPUTING PARTIES an opportunity to present their observations, shall at its first session or promptly thereafter, issue a decision or ARBITRAL AWARD stating the grounds therefor. In doing so, the ARBITRAL TRIBUNAL shall assume the alleged facts to be true. The decision of the ARBITRAL TRIBUNAL shall issue the decision or ARBITRAL AWARD within 4 calendar months from the objection having been filed. 24.6. This Article shall be without prejudice to the ARBITRAL TRIBUNAL's authority to address other objections as a preliminary question or to the right of the respondent CONTRACTING PARTY to object, in the course of the proceeding, that a claim lacks legal merit.
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Claims Manifestly without Legal Merit. 1. The respondent may, no later than 30 days after the constitution of the Tribunal, and in any event before the first session of the Tribunal, file an objection that a claim is manifestly without legal merit. 2. An objection may not be submitted under paragraph 1 if the respondent has filed an objection pursuant to Article 19 (L). 3. The respondent shall specify as precisely as possible the basis for the objection. 4. On receipt of an objection pursuant to this Article, the Tribunal shall suspend the proceedings on the merits and establish a schedule for considering any objections consistent with its schedule for considering any other preliminary question. 5. The Tribunal, after giving the disputing parties an opportunity to present their observations, shall at its first session or promptly thereafter, issue a decision or award, stating the grounds therefor. In doing so, the Tribunal shall assume the alleged facts to be true. 6. This Article shall be without prejudice to the Tribunal’s authority to address other objections as a preliminary question or to the right of the respondent to object, in the course of the proceeding, that a claim lacks legal merit.
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Claims Manifestly without Legal Merit. 1. The respondent may, no later than 30 days after the constitution of the division of the Tribunal pursuant to Article 10.33 (7) (Tribunal of First Instance (“Tribunal”)), and in any event before the first session of the division of the Tribunal, or 30 days after the respondent became aware of the facts on which the objection is based, file an objection that a claim is manifestly without legal merit. 2. The respondent shall specify as precisely as possible the basis for the objection. 3. The Tribunal, after giving the disputing parties an opportunity to present their observations on the objection, shall, at the first session of the division of the Tribunal or promptly thereafter, issue a decision or provisional award on the objection, stating the grounds therefor. In the event that the objection is received after the first session of the division of the Tribunal, the Tribunal shall issue such decision or provisional award as soon as possible, and no later than 120 days after the objection was filed. In deciding the objection, the Tribunal shall assume the facts as alleged by the claimant to be true, and may also consider any relevant facts not in dispute. 4. The decision of the Tribunal shall be without prejudice to the right of a disputing party to object, pursuant to Article 10.42 (Claims Unfounded as a Matter of Law) or in the course of the proceeding, to the legal merits of a claim and without prejudice to the Tribunal's authority to address other objections as a preliminary question.
Sample 1
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Claims Manifestly without Legal Merit. 1. The respondent may, no later than thirty days after the constitution of a division of the Tribunal pursuant to Article 3.9 (Tribunal of First Instance) and in any event before the first session of the division of the Tribunal, file an objection that a claim is manifestly without legal merit. 1 For greater certainty, the domestic law of the Parties shall not be part of the applicable law. Where the Tribunal is required to ascertain the meaning of a provision of the domestic law of one of the Parties as a matter of fact, it shall follow the prevailing interpretation of that provision made by the courts or authorities of that Party, and any meaning given to the relevant domestic law made by the Tribunal shall not be binding upon the courts or the authorities of either Party. The Tribunal shall not have jurisdiction to determine the legality of a measure, alleged to constitute a breach of this Agreement, under the domestic law of the disputing Party. 2. The respondent shall specify as precisely as possible the basis for the objection. 3. The Tribunal, after giving the disputing parties an opportunity to present their observations on the objection, shall, at the first session of the division of the Tribunal or promptly thereafter, issue a decision or provisional award on the objection. 4. This procedure and any decision of the Tribunal shall be without prejudice to the right of a respondent to object, pursuant to Article 3.15 (Claims Unfounded as a Matter of Law) or in the course of the proceedings, to the legal merits of a claim and without prejudice to the Tribunal's authority to address other objections as a preliminary question.
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Related to Claims Manifestly without Legal Merit

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