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Article 20: Early Dismissal

Part VII — PRELIMINARY DETERMINATION AND EARLY DISMISSAL

20.1 A party may apply, at any time before the close of pleadings, for the early dismissal of a claim or defence on the ground that:

20.1.1 it is manifestly without legal merit; 20.1.2 it is manifestly outside the jurisdiction of the Tribunal; or 20.1.3 it is manifestly inadmissible.

20.2 The application shall be made in writing with brief reasons and shall not exceed ten (10) pages.

20.3 The Tribunal shall, within fifteen (15) days of receipt, decide whether to allow the application to proceed. If allowed, the Tribunal shall issue a reasoned decision on the application within forty-five (45) days of the application.

20.4 A decision of early dismissal may be rendered as an award on agreed terms or as an interim or partial award, as the Tribunal considers appropriate. It shall be final and binding on the parties in respect of the matters decided.

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