March 1, 2022 The Tribunal issues a decision on objections to jurisdiction; attached to the decision is the dissenting opinion by arbitrator Prof. Dr. Guido Santiago
Tawil
SPECIAL PROCEDURES Rule 51 Manifest Lack of Legal Merit (1) A party may object that a claim is manifestly without legal merit. The objection may relate to the substance of the claim or to the jurisdiction or competence of the Tribunal. (2) The following procedure shall apply: (a) a party shall file a written submission no later than 45 days after the constitution of the Tribunal; (b) the written submission shall specify the grounds on which the objection is based and contain a statement of the relevant facts, law and arguments; (c) the Tribunal shall fix time limits for submissions on the objection; (d) if a party files the objection before the constitution of the Tribunal, the Secretary-General shall fix time limits for written submissions on the objection, so that the Tribunal may consider the objection promptly upon its constitution; and (e) the Tribunal shall render its decision or Award on the objection within 60 days after the later of the constitution of the Tribunal or the last submission on the objection. (3) If the Tribunal decides that all claims are manifestly without legal merit, it shall render an Award to that effect. Otherwise, the Tribunal shall issue a decision on the objection and fix any time limit necessary for the further conduct of the proceeding. (4) A decision that a claim is not manifestly without legal merit shall be without prejudice to the right of a party to file a preliminary objection pursuant to Rule 53 or to argue subsequently in the proceeding that a claim is without legal merit
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- Ann: Arbitration of Contractual Claims Nearing Finalisation
Ann: Arbitration of Contractual Claims Nearing Finalisation, page-72
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