Common use of Arbitral Proceedings Clause in Contracts

Arbitral Proceedings. 1. Where issues relating to jurisdiction or admissibility are raised as preliminary objections, an arbitral tribunal shall decide the matter before proceeding to the merits. 2. The disputing Party may, no later than 45 days after the constitution of the arbitral tribunal, file as a preliminary objection that a claim is excluded under Article 15 (Scope of Agreement). The disputing Party may also file an objection that a claim is otherwise outside of the jurisdiction or competence of the arbitral tribunal or any other objection, for example, that a claim is frivolous or manifestly without legal merit, even if the facts alleged were assumed to be true. The disputing Party shall specify as precisely as possible the basis for the objection. This is without prejudice to a disputing Party's ability to raise such an objection at a later stage in the proceedings. 3. The arbitral tribunal shall address any such objection as a preliminary question apart from the merits of the claim. The disputing parties shall be given a reasonable opportunity to present their views and observations to the arbitral tribunal. If the arbitral tribunal decides that the claim is excluded under Article 15 (Scope of Agreement), or is otherwise not within the jurisdiction or competence of the arbitral tribunal, or if it accepts any other objection, it shall render an award or a decision to that effect. 4. The arbitral tribunal shall decide on an expedited basis any preliminary objection raised under this Article. The arbitral tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection, stating the grounds therefore, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the arbitral tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, an arbitral tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period, which may not exceed 30 days.

Arbitral Proceedings. 1. Where issues relating to jurisdiction or admissibility are raised as preliminary objections, an arbitral tribunal shall decide the matter before proceeding to the merits. 2. The disputing Party may, no later than 45 days after the constitution of the arbitral tribunal, file as a preliminary objection that a claim is excluded under Article 15 (Scope of Agreement). The disputing Party may also file an objection that a claim is otherwise outside of the jurisdiction or competence of the arbitral tribunal or any other objection, for example, that a claim is frivolous or manifestly without legal merit, even if the facts alleged were assumed to be true. The disputing Party shall specify as precisely as possible the basis for the objection. This is without prejudice to a disputing Party's ’s ability to raise such an objection at a later stage in the proceedings. 3. The arbitral tribunal shall address any such objection as a preliminary question apart from the merits of the claim. The disputing parties shall be given a reasonable opportunity to present their views and observations to the arbitral tribunal. If the arbitral tribunal decides that the claim is excluded under Article 15 (Scope of Agreement), or is otherwise not within the jurisdiction or competence of the arbitral tribunal, or if it accepts any other objection, it shall render an award or a decision to that effect. 4. The arbitral tribunal shall decide on an expedited basis any preliminary objection raised under this Article. The arbitral tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection, stating the grounds therefore, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the arbitral tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, an arbitral tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period, which may not exceed 30 days.