Common use of Preliminary Objections Clause in Contracts

Preliminary Objections. 1. 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. 2. 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. 3. 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. 4. 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. 5. 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: a) the claimant has challenged in its claim a measure of a Host State which has not yet been adopted; b) the claimant has challenged the legislative procedure of a measure of Host State; c) the claim of a claimant relating to the measure underlying the claim under this Agreement has been already resolved via other legal remedies; d) the claimant has failed to fulfill the condition pursuant to paragraph 5, subparagraph c) and d) of Article 17. 6. If the tribunal decides that the dispute is not within its jurisdiction or its own competence, or that all claims are manifestly without legal merit, it shall render an award to that effect, and dismiss the claim.

Preliminary Objections. 1. Any objection that the dispute or any ancillary claim is not within the jurisdiction or competence of the tribunal Arbitral Tribunal, is inadmissible, or manifestly lacks legal basis, shall be made as early as possible. A disputing party shall file the objection with the tribunal before Arbitral Tribunal 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 disputing party at that time. 2. The tribunal Arbitral 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 its jurisdiction and its own or competence. 3. Upon the formal raising of an objection relating to the dispute, the tribunal shall decide Arbitral Tribunal decides to suspend the proceeding on the merits. The presiding arbitrator President of the tribunalArbitral Tribunal, after consultation with its other members, shall fix a time limit within which the disputing parties may file observations on the objection. 4. Unless The Arbitral Tribunal shall decide whether or not the disputing parties have agreed further procedures relating to another expedited procedure the objection made pursuant to paragraph 1 shall be oral. If the Arbitral Tribunal overrules the objection or joins it to the merits, it shall once more fix time limits for making preliminary objectionsthe further procedures. Upon submission of its counter-memorial, or at a party may, no later than 30 days after constitution stage of the tribunalproceedings, and in any event before if the first session of Arbitral Tribunal decides that, under the tribunalcircumstances, file an objection the delay is justified, the respondent may submit a counter-claim directly related with the dispute, provided that a claim is manifestly without legal merit. The 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 meritcounter-claim. 5. 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: a) the claimant has challenged in its claim a measure of a Host State which has not yet been adopted; b) the claimant has challenged the legislative procedure of a measure of Host State; c) the claim of a claimant relating to the measure underlying the claim under this Agreement has been already resolved via other legal remedies; d) the claimant has failed to fulfill the condition pursuant to paragraph 5, subparagraph c) and d) of Article 17. 6. If the tribunal Arbitral Tribunal decides that the dispute is not within its jurisdiction or its own competence, or that all claims are manifestly without legal merit, it shall render an award to that effect, and dismiss the claim.

Preliminary Objections. 1. Any 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 or of the Tribunal or, for other reasons, is not within the competence of the tribunal shall be made as early as possibleTribunal. 1. 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 Without prejudice to the disputing party at Tribunal's authority to address other objections as a preliminary question, such as an objection that time. 2. The tribunal may on its own initiative consider, at any stage of the proceeding, whether the dispute or any ancillary claim before it is not within the jurisdiction of the Tribunal or, for other reasons, is not within the competence of the Tribunal, and without prejudice to a respondent's right to raise any such objections at any appropriate time, the Tribunal shall decide as a preliminary question any objection by the respondent that, as a matter of law, a claim, or any part thereof, submitted under this Section is not a claim for which an award in favour of the claimant may be made under Article 3.53 (Provisional Award), even if the facts alleged were assumed to be true. The Tribunal may also consider any relevant facts not in dispute. 2. An objection under paragraph 1 shall be submitted to the Tribunal as soon as possible after the division of the Tribunal is constituted, and in no event later than the date the Tribunal fixes for the respondent to submit its own competencecounter-memorial or statement of defence or, in the case of an amendment to the claim, the date the Tribunal fixes for the respondent to submit its response to the amendment. This objection shall not be submitted as long as proceedings under Article 3.44 (Preliminary Objections) are pending, unless the Tribunal grants leave to file an objection under this Article, after having taken due account of the circumstances of the case. 3. Upon the formal raising receipt of an objection relating to under paragraph 1, and unless it considers the disputeobjection manifestly unfounded, the tribunal Tribunal shall decide to suspend the proceeding any proceedings on the merits. The presiding arbitrator of , establish a schedule for considering the tribunal, after consultation objection consistent with its any schedule it has established for considering any other members, shall fix a time limit within which the disputing parties may file observations on the objection. 4. 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 tribunalquestion, and in any event before the first session of the tribunal, file an objection that issue 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 decision or provisional award on the objection, shall, at its first session or promptly thereafter, notify stating 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 meritgrounds therefor. 5. 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: a) the claimant has challenged in its claim a measure of a Host State which has not yet been adopted; b) the claimant has challenged the legislative procedure of a measure of Host State; c) the claim of a claimant relating to the measure underlying the claim under this Agreement has been already resolved via other legal remedies; d) the claimant has failed to fulfill the condition pursuant to paragraph 5, subparagraph c) and d) of Article 17. 6. If the tribunal decides that the dispute is not within its jurisdiction or its own competence, or that all claims are manifestly without legal merit, it shall render an award to that effect, and dismiss the claim.

Preliminary Objections. 1. 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. 2. 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. 3. 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. 4. Unless the disputing parties have agreed to another expedited procedure for making preliminary objections, a party Party may, no later than 30 days after the constitution of the tribunal, and in any event before the first session of the tribunalTribunal, file an objection that a claim is manifestly without legal meritmerit or is otherwise outside the jurisdiction or competence of the Tribunal. The disputing party Party shall specify as precisely as possible the basis for the objection. 2. The tribunal, after giving Tribunal shall address any such objection as a preliminary question apart from the merits of the claim. The disputing parties the shall be given a reasonable opportunity to present their views and 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. 5. 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: a) the claimant has challenged in its claim a measure of a Host State which has not yet been adopted; b) the claimant has challenged the legislative procedure of a measure of Host State; c) the claim of a claimant relating to the measure underlying the claim under this Agreement has been already resolved via other legal remedies; d) the claimant has failed to fulfill the condition pursuant to paragraph 5, subparagraph c) and d) of Article 17. 6Tribunal. If the tribunal Tribunal decides that the dispute claim is manifestly without merit, or is otherwise not within its the jurisdiction or its own competence, or that all claims are manifestly without legal meritcompetence 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 dismiss shall provide the claimdisputing parties a reasonable opportunity to comment. 4. Where an investor claims that the disputing Party has breached Article 10.8 (Expropriation) by the adoption or enforcement of a taxation measure, the disputing Party and the non-disputing Party shall, upon request from the disputing Party, hold consultations with a view to determining whether the taxation measure in question has an effect equivalent to expropriation or nationalisation. Any Tribunal that may be established under this Section shall accord serious consideration to the decision of both Parties under this paragraph. 5. If both Parties fail either to initiate such consultations, or to determine whether such taxation measure has an effect equivalent to expropriation or nationalisation within the period of 180 days from the date of the receipt of request for consultation referred to in Article 10.21(1) (Submission of a Claim to Arbitration), the disputing investor shall not be prevented from submitting its claim to arbitration in accordance with this Section.