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2.3.6. Merits
The distinction between jurisdiction and merits has a particular importance for the…
Taken the definition of Judge Read in the Anglo-Iranian Oil Case…
[T]he merits of the dispute consist of all those propositions of fact and law which must be established by a party in order to enable it to obtain a judgment in its favor, on the assumption that the tribunal has jurisdiction to entertain these propositions, and there is no objection to the substantive admissibility of the claim.…
As seen, Fitzmaurice’s definition of merits includes, on the one hand, all issues…
Going one step further, Rosenne, as also cited by Methanex Tribunal,…
The distinction between a preliminary objection, especially to the admissibility, and a defence to the merits, is also subtle. As a rough rule-of-thumb, it…
Despite the given distinction, the commentator also emphasizes the existence of many…
2.3.5. Seisin or Receivability
3. Scope of Inquiry: A Review on Merits at the Jurisdictional Stage?
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