Unless the parties have agreed to another expedited procedure for making preliminary objections, a party may, no later than 30 days after the constitution of the Tribunal, and in any event before the first session of the Tribunal, file an objection that a claim is manifestly without legal merit. The party shall specify as precisely as possible the basis for the objection. The Tribunal, after giving the parties the opportunity to present their observations on the objection, shall, at its first session or promptly thereafter, notify the parties of its decision on the objection. The decision of the Tribunal shall be without prejudice to the right of a party to file an objection pursuant to paragraph (1) or to object, in the course of the proceeding, that a claim lacks legal merit.…

In Emmis v Hungary case, the Tribunal, in accordance with Article 41 (5) of ICSID Arbitration Rules, dismissed all non-expropriation claims since the relevant BIT was limited to disputes arising out of expropriation or nationalization of an investment.(46)…

In Global Trading v Ukraine case, the Tribunal dismissed all the claims brought by the Claimant on the basis that “the sale and purchase contracts entered into by the Claimants are pure commercial transactions that cannot on any interpretation be considered to constitute ‘investments’ within the meaning of Article 25 of the ICSID Convention.”

In Trans-Global v Jordan case, one of the claims submitted by Claimant was relating to Respondent’s breach of an obligation to consult Claimant to discuss its certain concerns about the performance of an agreement. The Tribunal stated that the obligation of consultation exists only between the contracting States of the relevant BIT and hereby decided to grant Respondent’s objection under Article 41 (5) to the extent of this particular claim.(48)…

Reopening the Pandora's Box The Scope of Inquiry of Investment Tribunals on Admissibility Objections

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2.3.2. Article 41 (5) of ICSID Arbitration Rules