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Author: Mirko Forti

The International Tribunal for the Law of the Sea (hereinafter the Tribunal) has recently issued a judgment on the preliminary objections raised by Italy about the admissibility of the M/V “Norstar” case. The M/V “Norstar”, an oil tanker flying the flag of Panama, was engaged from 1994 to 1998 in

In: Asia-Pacific Journal of Ocean Law and Policy

words, questions of jurisdiction and admissibility shape both the whether and the how of investment arbitration in any given case. In international litigation in general, arguments relating to jurisdiction and admissibility populate the well-travelled battleground of preliminary objections. In

In: The Law & Practice of International Courts and Tribunals
Author: Malcolm N. Shaw

paragraph 352 in volume 3, chapter 25, Termination of Proceedings previous paragraph The suspension of proceedings on the merits with the filing of preliminary objections does not affect the right of the applicant State to discontinue the mainline proceedings through the procedure of Article 89 of

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The Law and Practice of International Courts and Tribunals is firmly established as the leading journal in its field. Each issue will give you the latest developments with respect to the preparation, adoption, suspension, amendment and revision of Rules of Procedure as well as statutory and internal rules and other related matters. The Journal will also provide you with the latest practice with respect to the interpretation and application of rules of procedure and constitutional documents, which can be found in judgments, advisory opinions, written and oral pleadings as well as legal literature.

Procedural matters covered in the Journal include:
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• institution of contentious proceedings,
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• oral proceedings,
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• counterclaims,
• intervention by third States,
• discontinuance of proceedings,
• the decision,
• interpretation and revision of judgments,
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• the extra-judicial function.

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Author: Malcolm N. Shaw

paragraph 231 in volume 2, chapter 13, Matters of Jurisdiction previous paragraph As seen, the view that the Court should be able to dispose of preliminary objections in proceedings which would not in any way prejudge the final outcome of the argument on the merits, was first propounded in the

Introduction This article examines the principles and rules applied by arbitral tribunals in determining whether and under what circumstances preliminary objections regarding jurisdiction or admissibility should be bifurcated for consideration in a separate procedural phase. 1 As explained

In: The Law & Practice of International Courts and Tribunals
Author: Daniel Allen

claims whose lack of merit is ‘manifest’ (the Decision on Preliminary Objections). PNG’s principal argument was that PNG had never consented to ICSID arbitration (either in the IPA or otherwise), a precondition for ICSID jurisdiction under Art 25 of the ICSID Convention. In its short Decision on

In: The Journal of World Investment & Trade
Author: Malcolm N. Shaw

that this procedure was no longer limited to cases brought by application; and the possibility of applying the preliminary objection procedure in advisory proceedings was also discussed. In that less ri...

Author: Malcolm N. Shaw

paragraph 219 in volume 2, chapter 13, Matters of Jurisdiction previous paragraph In substance, the notion of preliminary objection is broad enough to cover any kind of plea raised by a party to attack the validity of the seisin of the Court or of the proceedings on the merits or the ability of the

Author: Malcolm N. Shaw

paragraph 229 in volume 2, chapter 13, Matters of Jurisdiction previous paragraph The cases illustrate the non-exhaustive character of preliminary objection proceedings, in the sense that whether or not matters of jurisdiction have been raised at the stage envis aged for preliminary objections