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Brandes v. Venezuela

Type of decisionDecision on the respondent's objection under rule 41(5) of the ICSID Arbitration Rules
Date of decision2 February 2009
Robert Briner (President)
Brigitte Stern
Karl-Heinz Böckstiegel
Legal instrumentNational Law on the Promotion and Protection of Investments
Related decision(s)Award, 2 August 2011
Further information

Statements from this decision

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The term "legal merits" within Rule 41(5) ICSID Arbitration Rules covers all objections, even objections to the jurisdiction or competence of the tribunal
When applying Rule 41(5) ICSID Arbitration Rules, a tribunal has to take the factual premise as alleged by the claimant
"Manifestly" within the meaning of Rule 41(5) ICSID Arbitration Rules sets a high standard; the objection has to be established clearly and obviously, with relative ease and despatch


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