Common use of Preliminary Objections Clause in Contracts

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 dispute is not within its jurisdiction or within its own jurisdiction or that all actions are manifestly lacking in law, it shall issue a judgment on that basis and dismiss the action.

Preliminary Objections. 1. Any objection that a the dispute or any subsidiary ancillary claim is not within the jurisdiction or jurisdiction competence of the Tribunal tribunal shall be taken made as soon early as possible. The A disputing party to shall file the dispute has the obligation to lodge an objection with the Tribunal tribunal before the expiry expiration of the time limit set fixed for the counterclaimfiling of the counter-memorial, or or, if the allegation concerns a counterpart objection relates to an ancillary claim, for the filing of the rejoinder, unless the facts on which the opposition objection is based were are unknown to the disputing party to the dispute at that time. 2. The Tribunal maytribunal may on its own initiative consider, at any stage of the proceedingsproceeding, on its own initiative, consider whether a the dispute or any subsidiary ancillary claim which before it has decided is within its the jurisdiction and within its own jurisdiction. 3competence. After formally lodging Upon the formal raising of an objection relating to the dispute, the tribunal shall decide to stay suspend the proceedings proceeding on the merits of the disputemerits. The chairman presiding arbitrator of the tribunal, after consultation with its other members, shall set fix a time limit within which the disputing parties may file observations on the objection. Unless the disputing parties have agreed to the dispute may lodge statements of objection. 4. If the parties to the dispute have not agreed on a further abridged another expedited procedure for making the preliminary objections, the participant a party may, within no later than 30 days after constitution of the establishment of the tribunal tribunal, and in any case event before the first session of the tribunal, object file an objection that the action a claim is manifestly lacking in lawwithout legal merit. The disputing party to the dispute should shall specify the grounds for his objection as precisely as possiblepossible the basis for the objection. The Tribunaltribunal, after giving the disputing parties to the dispute the opportunity to present their observations on the objection objection, shall, at its first meetingsession or promptly thereafter, or immediately after it, will notify the disputing parties to the dispute of its decision on the objection. The decision of the tribunal shall not affect be without prejudice to the right of a disputing party to the dispute file an objection pursuant to object under paragraph 1 of this Article or to object during proceedings object, in the course of the proceeding, that a claim lacks legal merit. For avoidance of any doubt the action lacks the legal basis. 5. In order to rule out any doubt, the Tribunal tribunal shall dismiss the action brought claimant's claim upon an objection under this Article submitted by the claimant Host State in the event that following events, if: the host claimant has challenged in its claim a measure of a Host State objects pursuant to this Article if, (a) The petitioner, in his application, raised an objection to a host State measure that had which has not yet been approved, (b) The complainant raised an objection to adopted; the claimant has challenged the legislative procedure of the Host State measure, (c) The petitioner's application concerns a measure which gave rise of Host State; the claim of a claimant relating to the exercise of a measure underlying the claim under this Agreement that has been already been resolved by via other legal remedies; or (d) The petitioner did not the claimant has failed to fulfill the condition pursuant to paragraph 5 (5, subparagraph c) and (d) of Article 17 . 617. If the tribunal decides that the dispute is not within its jurisdiction or within its own jurisdiction competence, or that all actions claims are manifestly lacking in lawwithout legal merit, it shall issue a judgment on render an award to that basis effect, and dismiss the actionclaim.

Preliminary Objections. 1. Any Without prejudice to the tribunal's power to hear other objections as preliminary questions, such as an objection that a the dispute or any subsidiary claim is not within the jurisdiction competence 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 disputetribunal, the tribunal shall hear and decide as a preliminary question any objection by the respondent that, as a matter of law, states that the claim submitted is not a claim upon which an award may be made under this Chapter or that the claim is manifestly without legal merit: (a) Such objection shall be submitted to stay the proceedings tribunal as soon as possible after its constitution, and in no event later than the date the tribunal fixes for the respondent to file its statement of defense or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to file its answer to the amendment; (b) Upon receipt of an objection under this paragraph, the tribunal shall suspend any action on the merits of the dispute. The chairman disputing parties and the tribunal shall establish a timetable for consideration of the tribunalobjection, after consultation which shall be consistent with its other members, shall set a time limit within which the parties to the dispute may lodge statements any timetable established for consideration of objection. 4. If the parties to the dispute have not agreed on a further abridged procedure for making the any 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 lawissue. The party to tribunal shall issue a decision or award on the dispute should specify objection, stating 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 ; (c) In deciding an objection under this paragraph that a claim is not a claim upon which an award may be made under this Chapter, the tribunal shall not affect take as true 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 factual allegations submitted by the claimant in support of any claim. The tribunal may also consider any other relevant fact that is not in dispute and shall hear the event disputing parties on that fact. 2. This Article shall be without prejudice to the host State objects pursuant right of the Respondent to this Article if, (a) The petitionerraise any objection to the jurisdiction or venue of the court or to any argument on the merits, in his application, whether or not the Respondent has raised an objection to a host State measure that had not yet been approved, (b) The complainant raised an objection to the legislative procedure under paragraph 1 or made use 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 expedited procedure set forth in paragraph 5 (c) and (d) of Article 17 3. 63. If the respondent so requests, the tribunal decides shall decide, in an expeditious manner, an objection under paragraph 1 and any other objection that the dispute is not within its jurisdiction or within its own jurisdiction or that all actions are manifestly lacking in law, it the tribunal's jurisdiction. The tribunal shall suspend any action on the merits of the dispute and shall issue a judgment decision or award on such objection, stating the basis therefor, not later than one hundred eighty (180) days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional thirty (30) days to issue the decision or award. Regardless of whether a hearing has been requested, the tribunal may, upon a showing of extraordinary cause, delay issuing its decision or award for an additional period not to exceed thirty (30) days. 4. The provisions on costs in Article 8.40 shall apply to decisions and awards rendered under this Article. When the tribunal decides on the respondent's objection under paragraph 1 or 3, it may, if it is justified in finding that basis the claimant's claim or the respondent's objection was manifestly frivolous, award to the prevailing disputing party reasonable costs and dismiss fees incurred in making or opposing the actionobjection. In such a case, the tribunal shall give the disputing parties a reasonable opportunity to comment. 5. If the tribunal decides to reject in whole or in part an objection under paragraph 1 or 3, the disputing parties and the tribunal shall establish a new timetable for consideration of the merits. 6. This Article shall be without prejudice to the authority of the tribunal to address other matters within its competence throughout the proceeding.