In Focus: Objections that a Claim Manifestly Lacks Legal Merit (ICSID Convention Arbitration Rule 41(5))

In 2006, the International Centre for Settlement of Investment Disputes (ICSID) amended its rules to include an expedited procedure for objections that a claim manifestly lacks legal merit. The aim was to dismiss manifestly unmeritorious claims early in the proceeding. It was incorporated into the provision dealing with preliminary objections as ICSID Arbitration Rule 41(5) and as ICSID Arbitration (Additional Facility) Article 45(6).

This brief highlights the number of requests based on the rule and how these have been decided; the procedural timelines for the rule; and the proposed changes to the rule in ICSID's current rule amendment process.