Reopening the Pandora's Box The Scope of Inquiry of Investment Tribunals on Admissibility Objections
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This study, generally speaking, remains within the field of international economic law, in particular, investment treaty arbitration, aDevamını oku
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This study, generally speaking, remains within the field of international economic law, in particular, investment treaty arbitration, and primarily focuses on a particular group of preliminary objections. These preliminary objections are especially comprised of substantive admissibility objections and objections to the subject-matter jurisdiction. It is observed that when parties raise preliminary objections of this kind; they, to varying degrees, oblige tribunals to make conclusive determinations on factual allegations as well as legal claims. However, the established principles of public international law prevent investment tribunals from a detailed examination on the facts and legal claims at the jurisdictional stage as it carries the risk of trespassing to merits or prejudging them. Accordingly, the prima facie test has been developed in the context of International Court of Justice (and of its predecessor Permanent Court of International Justice) and followed by investment tribuna
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