Preliminary Objections. 1. Any objection that the dispute or any ancillary claim is not within the jurisdiction of the Tribunal shall be made as early as possible. The respondent shall file the objection no later than the expiration of the time limit fixed for the filing of the counter-memorial, or, if the objection relates to an ancillary claim, for the filing of the rejoinder – unless the facts on which the objection is based are unknown to the respondent at that time.
2. 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. The respondent shall specify as precisely as possible the basis for the objection. On receipt of such an objection 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. The Tribunal, after giving the disputing parties an opportunity to present their observations, shall at its first session of promptly thereafter, issue a decision or award stating the grounds therefor. In doing so, the Tribunal shall assume the alleged facts to be true. This paragraph is 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.
Preliminary Objections. 1. The respondent may file an objection that a claim is manifestly without legal merit, no later than 30 days after the constitution of the division of the Tribunal pursuant to paragraph 7 of Article 3.38 (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.
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 meeting of the division of the Tribunal or promptly thereafter, issue a decision or provisional award on the objection, stating the grounds therefor. If the objection is received after the first meeting 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. When issuing the decision the Tribunal shall assume the alleged facts 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 3.45 (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 a Tribunal's authority to address other objections as a preliminary question. For greater certainty, such objection may include an objection that the dispute or any ancillary claim is not within the jurisdiction of the Tribunal or, for other reasons, is not within the competence of the Tribunal.
Preliminary Objections. 1. Any objection that a dispute or any subsidiary claim is not within the jurisdiction or jurisdiction of the Tribunal shall be taken as soon as possible. The party to the dispute has the obligation to lodge an objection with the Tribunal before the expiry of the time limit set for the counterclaim, or if the allegation concerns a counterpart claim, unless the facts on which the opposition is based were unknown to the party to the dispute at that time.
2. The Tribunal may, at any stage of the proceedings, on its own initiative, consider whether a dispute or any subsidiary claim which it has decided is within its jurisdiction and within its own jurisdiction.
3. After formally lodging an objection to the dispute, the tribunal shall decide to stay the proceedings on the merits of the dispute. The chairman of the tribunal, after consultation with its other members, shall set a time limit within which the parties to the dispute may lodge statements of objection.
4. If the parties to the dispute have not agreed on a further abridged procedure for making the preliminary objections, the participant may, within 30 days of the establishment of the tribunal and in any case before the first session of the tribunal, object that the action is manifestly lacking in law. The party to the dispute should specify the grounds for his objection as precisely as possible. The Tribunal, after giving the parties to the dispute the opportunity to present their observations on the objection at its first meeting, or immediately after it, will notify the parties to the dispute of its decision on the objection. The decision of the tribunal shall not affect the right of a party to the dispute to object under paragraph 1 of this Article or to object during proceedings that the action lacks the legal basis.
5. In order to rule out any doubt, the Tribunal shall dismiss the action brought by the claimant in the event that the host State objects pursuant to this Article if,
(a) The petitioner, in his application, raised an objection to a host State measure that had not yet been approved,
(b) The complainant raised an objection to the legislative procedure of the Host State measure,
(c) The petitioner's application concerns a measure which gave rise to the exercise of a claim under this Agreement that has already been resolved by other legal remedies; or
(d) The petitioner did not fulfill the condition pursuant to paragraph 5 (c) and (d) of Article 17 .
6. If the tribunal decides that the dis...
Preliminary Objections. 1. The respondent may, no later than 30 days after the constitution of the tribunal, file an objection that a claim is manifestly without merit or is otherwise outside the jurisdiction or competence of the tribunal or that, as a matter of law, a claim submitted is not a claim for which an award in favour of the claimant may be made under Article 21 (Awards). The respondent shall specify as precisely as possible the basis for the objection.
2. The tribunal shall address any such objection as a preliminary question apart from the merits of the claim. For this purpose, the tribunal shall suspend any proceedings on the merits. The parties shall be given a reasonable opportunity to present their views and observations to the tribunal. If the tribunal decides that the claim is manifestly without merit, or is otherwise not within the jurisdiction or competence of the tribunal, it shall render a decision to that effect.
3. The tribunal may, if warranted, award the prevailing party reasonable costs and fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider whether either the claim or the objection was frivolous or manifestly without merit, and shall provide the parties a reasonable opportunity to comment.
Preliminary Objections. 1. Without prejudice to a Tribunal's authority to address other questions as a preliminary objection, a Tribunal shall address and decide as a preliminary question an objection by the respondent Party that, as a matter of law, a claim submitted is not a claim for which an award in favour of the investor may be made under this Agreement, including that a dispute is not within the competence of the Tribunal, or that a claim is manifestly without legal merit.
2. An objection under paragraph 1 shall be submitted to the Tribunal within 60 days of constitution of the Tribunal. The Tribunal shall suspend any proceeding on the merits and issue a decision or award on the objection, stating the grounds therefor, within 180 days of the objection. However, if a disputing party requests a hearing, the Tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a disputing party requests a hearing, a Tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period, which may not exceed 30 days.
3. When deciding an objection under paragraph 1, the Tribunal shall assume to be true the factual allegations in the claim to arbitration under Article 17.23 (Submission of a Claim to Arbitration), or any amendment to that claim. The Tribunal may also consider relevant facts not in dispute.
4. Whether or not a respondent Party raises an objection under paragraph 1 concerning the competence of the Tribunal, the respondent Party shall have the right to raise, and the Tribunal the authority to address and decide, a question pertaining to its competence in the course of the proceedings.
5. The provisions on costs in Article 17.36 (Final Award) shall apply to decisions or awards issued under this Article. Article
Preliminary Objections. 1. A disputing Party may, no later than 30 days after the constitution of the Tribunal, file an objection that a claim is manifestly without merit or is otherwise outside the jurisdiction or competence of the Tribunal. The disputing Party shall specify as precisely as possible the basis for the objection.
2. The Tribunal shall address any such objection as a preliminary question apart from the merits of the claim. The disputing parties shall be given a reasonable opportunity to present their views and observations to the Tribunal. If the Tribunal decides that the claim is manifestly without merit, or is otherwise not within the jurisdiction or competence of the Tribunal, it shall render an award to that effect.
3. The Tribunal may, if warranted, award the prevailing party reasonable costs and fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the Tribunal shall consider whether either the claim or the objection was frivolous or manifestly without merit, and shall provide the disputing parties a reasonable opportunity to comment.
4. Where an investor claims that the disputing Party has breached Article
Preliminary Objections a. Any objection to the jurisdiction of the tribunal or to the admissibility of the application shall be raised no later than in the statement of defence.
b. Upon receipt of such an objection, the tribunal may suspend the proceedings on the merits.
c. After hearing the parties, the tribunal should give its decision, by which it shall either uphold the objection or reject it, within 60 days after the date on which the objection was made.
Preliminary Objections. 1. The respondent may, no later than 30 days after the constitution of the division of the Tribunal pursuant to Article 2.27 (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 meeting 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 meeting 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 doing so, the Tribunal shall assume the alleged facts 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 2.35 (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.
Preliminary Objections. A. Issues not raised during conciliation and/or not within the Panel's terms of reference
(1) General considerations
Preliminary Objections. Introduction
