The International Tribunal for the Law of the Sea (hereinafter the Tribunal) has recently issued a judgment on the preliminaryobjections 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
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 preliminaryobjections. In
paragraph 352 in volume 3, chapter 25, Termination of Proceedings previous paragraph The suspension of proceedings on the merits with the filing of preliminaryobjections 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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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 preliminaryobjections in proceedings which would not in any way prejudge the final outcome of the argument on the merits, was first propounded in the
This article examines the principles and rules applied by arbitral tribunals in determining whether and under what circumstances preliminaryobjections regarding jurisdiction or admissibility should be bifurcated for consideration in a separate procedural phase. 1 As explained
claims whose lack of merit is ‘manifest’ (the Decision on PreliminaryObjections).
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
that this procedure was no longer limited to cases brought by application; and the possibility of applying the preliminaryobjection procedure in advisory proceedings was also discussed. In that less ri...
paragraph 219 in volume 2, chapter 13, Matters of Jurisdiction previous paragraph In substance, the notion of preliminaryobjection 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
paragraph 229 in volume 2, chapter 13, Matters of Jurisdiction previous paragraph The cases illustrate the non-exhaustive character of preliminaryobjection proceedings, in the sense that whether or not matters of jurisdiction have been raised at the stage envis aged for preliminaryobjections