Claims Unfounded as a Matter of Law Sample Clauses

Claims Unfounded as a Matter of Law. 1. Without prejudice to the Tribunal’s authority to address other objections as a preliminary question or to a respondent’s right to raise any such objections at any appropriate time, the Tribunal shall address and 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 2.46 (Provisional Award), even if the facts alleged were assumed to be true. The Tribunal may also consider any relevant facts not in dispute.
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Claims Unfounded as a Matter of Law. 1. Without prejudice to the Tribunal's authority to address other objections as a preliminary question or to a respondent's right to raise any such objections at any appropriate time, the Tribunal shall address and 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 3.6 (Submission of Claim to Tribunal), even if the facts alleged were assumed to be true. The Tribunal may also consider any other 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 counter-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. An objection may not be submitted under paragraph 1 as long as proceedings under Article
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Claims Unfounded as a Matter of Law. 25.1. Without prejudice to the ARBITRAL TRIBUNAL's authority to address other objections as a preliminary question or to a respondent CONTRACTING PARTY's right to raise any such objections at an appropriate time, the ARBITRAL TRIBUNAL shall address and decide as a preliminary question any objection by the respondent CONTRACTING PARTY that, as a matter of law, a claim, or any part thereof, submitted by the INVESTOR is not a claim for which an award in favour of the INVESTOR may be made under this Article 25, even if the facts alleged were assumed to be true.
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Claims Unfounded as a Matter of Law. 1. Without prejudice to a tribunal’s authority to address other objections as a preliminary question or to a respondent’s right to raise any such objections at any appropriate time, the Tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim, or any part thereof, submitted pursuant to Article 19 (D) is not a claim for which an award in favor of the claimant may be made under this Chapter, even if the facts alleged were assumed to be true.
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Claims Unfounded as a Matter of Law. 1. Without prejudice to the Tribunal's authority to address other objections as a preliminary question, such as an objection that the dispute or any ancillary claim 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.
Sample 1
Claims Unfounded as a Matter of Law. 1. Without prejudice to the Tribunal's authority to address other objections as a preliminary question or to a respondent's right to raise any such objections at any appropriate time, the Tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted pursuant to Article 3.6 (Submission of Claims to the Tribunal), or any part thereof, is not a claim for which an award in favour of the claimant may be made under this Section, even if the facts alleged were assumed to be true. The Tribunal may also consider any other relevant facts that are not in dispute. 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 counter-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. An objection may not be submitted under paragraph 1 as long as proceedings under Article 3.14 (Claims Manifestly without Legal Merit) 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.
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Related to Claims Unfounded as a Matter of Law

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