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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
Tribunal
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
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ICSID Arbitration Rules
Rule 41
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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