Investor Presentaiton
75
Jurisdictional
Objections and
Frivolous
Claims
Provisions
submissions.
Jurisdictional
objections should be
made as soon as
possible and in any
event not later than
the counter-memorial;
the tribunal within its
discretion may
competent authority"
(2010 Rules).
In 2013 a special
Working Group agreed
on a set of improved
transparency rules that
provide for opening oral
hearings and publication
of key arbitration
documents, including all
decisions and awards.
These rules will apply
only to arbitrations
under future investment
treaties, unless States
parties to specific
existing treaties
separately agree to their
application to these
existing treaties.
No explicit mechanism
for amicus curiae
submissions, though
they have been
permitted in practice.
Plea of lack of
jurisdiction shall be
raised no later than
statement of defence or,
with respect to a
counterclaim, in the
reply to the
counterclaim. In
UNCTAD Series on International Investment Agreements IIView entire presentation