(a) On 18 April 2018, the Respondent filed a request to address the objections to jurisdiction as a preliminary question (the "Request for Bifurcation"); and
(b) On 18 May 2018, the Claimant filed its observations on the Respondent’s Request for Bifurcation ("Claimant’s Observations").
Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre, or for other reasons is not within the competence of the Tribunal, shall be considered by the Tribunal which shall determine whether to deal with it as a preliminary question or to join it to the merits of the dispute.
The Tribunal [...] may deal with the objection as a preliminary question or join it to the merits of the dispute. If the Tribunal overrules the objection or joins it to the merits, it shall once more fix time limits for the further procedures.
Article 829: Preliminary Objections
1. The Tribunal shall have the power to rule on preliminary objections to jurisdiction and admissibility.
2. Any preliminary objection that the dispute should not be admitted or registered, is not within the jurisdiction of the Tribunal or, for other reasons, is not within the competence of the Tribunal, shall be made in accordance with the applicable arbitration rules as early as possible.
(a) whether the objections raised are prima facie serious and substantial;
(b) whether the objection can be examined without prejudging or entering the merits of the case; and
(c) if decided in the Respondent’s favour, whether the objection would dispose of all or an essential part of the claims raised.
(a) Rejects the Respondent’s request to bifurcate the proceedings.
(b) Directs the Parties to follow Scenario 3 of the procedural calendar set out in Annex A to Procedural Order No. 1, as amended in accordance with the Tribunal’s communication of 12 March 2018 regarding the Respondent’s additional period of nine calendar days to file its next substantive memorial.
(c) Reserves its decision on the costs of this application for a later stage.
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