Common use of Preliminary Objections Clause in Contracts

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 any objection by the disputing Party that, as a matter of law, a claim submitted is not a claim for which an award in favour of the disputing investor may be made under this Chapter, including that a dispute is not within the competence of the Tribunal, or that a claim is manifestly without legal merit.

Appears in 2 contracts

Samples: Free Trade Agreement Between Canada and Chile, Free Trade Agreement Between Canada and Chile

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Preliminary Objections. 1. Without prejudice to a Tribunal’s authority the tribunal's power to address hear other questions objections as a preliminary objectionquestions, a Tribunal such as an objection that the dispute is not within the competence or jurisdiction of the tribunal, the tribunal shall address hear and decide as a preliminary question any objection by the disputing Party respondent that, as a matter of law, a states that the claim submitted is not a claim for upon which an award in favour of the disputing investor may be made under this Chapter, including that a dispute is not within the competence of the Tribunal, Chapter or that a the claim is manifestly without legal merit.:

Appears in 2 contracts

Samples: Trade Agreement, Trade Agreement

Preliminary Objections. 1. Without prejudice to a Tribunal’s 's authority to address other questions as a preliminary objection, a Tribunal shall address and decide as a preliminary question any an objection by the disputing respondent Party that, as a matter of law, a claim submitted is not a claim for which an award in favour of the disputing investor may be made under this ChapterAgreement, including that a dispute is not within the competence of the Tribunal, or that a claim is manifestly without legal merit.

Appears in 2 contracts

Samples: Trade Agreement, Agreement Between Canada And

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 any an objection by the disputing respondent Party that, as a matter of law, a claim submitted is not a claim for which an award in favour of the disputing investor may be made under this ChapterAgreement, including that a dispute is not within the competence of the Tribunal, or that a claim is manifestly without legal merit.

Appears in 1 contract

Samples: Agreement Between Canada And

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Preliminary Objections. 1. Without prejudice to a the Tribunal’s authority to address other questions as a preliminary objection, a the Tribunal shall address and decide as a preliminary question any an objection by the disputing Party Respondent that, as a matter of law, a claim submitted is not a claim for which an award in favour of the disputing investor Claimant may be made under this ChapterAgreement, including that a dispute is not within the competence of the Tribunal, or that a claim is manifestly without legal merit.

Appears in 1 contract

Samples: Arbitration Agreement

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