Common use of Claims Manifestly without Legal Merit Clause in Contracts

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.

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 8.3323. 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 '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.