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2.3.1. Motion to “Dismiss” or “Strike-Out” Application
In similar to the admissibility objections; motion to dismiss procedure, or a strike-out…
The procedure, in accordance with U.S. Rules of Federal Procedure, Rule 12(b)(6),…
The same procedure has been included in U.S. Model BIT since 2004…
Under the motion to dismiss procedure, it is stated, the tribunal will firstly construe…
Paulsson points out the distinction between admissibility and motion to dismiss procedure…
“USA’s challenge required consideration of the ‘matter of law’ which would preclude the claim. … [i]t’s a defense on merits and not a matter of admissibility. The USA was not arguing that the case was unhearable, but it was legally hopeless. That is precisely how one should understand the difference between a challenge of inadmissibility and a strike-out application.”…
It appears that a strike-out application directly targets the legal merits of the…
Methanex Tribunal did not allow Respondent to assert such a motion by holding…
2.3. The Relevant Concepts
2.3.2. Article 41 (5) of ICSID Arbitration Rules
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