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.
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.
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.
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.
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.
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.
Preliminary Objections. A. Issues not raised during conciliation and/or not within the Panel's terms of reference
Preliminary Objections. Introduction
Preliminary Objections. Any objection that the dispute or any ancillary claim is not within the jurisdiction or competence of the tribunal shall be made as early as possible. A disputing party shall file the objection with the tribunal before 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 disputing party at that time. The tribunal may on its own initiative consider, at any stage of the proceeding, whether the dispute or any ancillary claim before it is within the jurisdiction and its own competence. Upon the formal raising of an objection relating to the dispute, the tribunal shall decide to suspend the proceeding on the merits. The presiding arbitrator of the tribunal, after consultation with its other members, shall fix a time limit within which the disputing parties may file observations on the objection. Unless the disputing parties have agreed to another expedited procedure for making preliminary objections, a party may, no later than 30 days after 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. The disputing party shall specify as precisely as possible the basis for the objection. The tribunal, after giving the disputing parties the opportunity to present their observations on the objection, shall, at its first session or promptly thereafter, notify the disputing parties of its decision on the objection. The decision of the tribunal shall be without prejudice to the right of a disputing party to file an objection pursuant to paragraph 1 of this Article or to object, in the course of the proceeding, that a claim lacks legal merit. For avoidance of any doubt the tribunal shall dismiss the claimant's claim upon an objection under this Article submitted by the Host State in the following events, if: the claimant has challenged in its claim a measure of a Host State which has not yet been adopted; the claimant has challenged the legislative procedure of a measure of Host State; the claim of a claimant relating to the measure underlying the claim under this Agreement has been already resolved via other legal remedies; the claimant has failed to fulfill the condition pursuant to paragraph 5, subparagraph c) and d) of Article 17. If the tribunal decides that the dispute is not within its jurisdictio...
Preliminary Objections i) If the grievance procedure has not been followed as outlined in the contract, then the Panel shall dismiss the case or refer it back to the parties.
