At this stage of the proceedings, the Tribunal has, as a practical matter,
a limited ability to scrutinize the claims as formulated by the Claimant. Some
cases suggest that the Tribunal need not uncritically accept those claims at face
value, but we consider that if the facts asserted by the Claimant are capable of
being regarded as alleged breaches of the BIT, consistently with the practice of
ICSID tribunals, the Claimant should be able to have them considered on their merits.165 We conclude that, at this jurisdiction phase, it is for the
Claimant to characterize the claims as it sees fit. We do not exclude the possibility
that there may arise a situation where a tribunal may find it necessary at
the very beginning to look behind the claimant’s factual claims, but this is not
such a case.
At this stage of the proceedings, the Tribunal has, as a practical matter,a limited ability to scrutinize the claims as formulated by the Claimant. Somecases suggest that the Tribunal need not uncritically accept those claims at facevalue, but we consider that if the facts asserted by the Claimant are capable ofbeing regarded as alleged breaches of the BIT, consistently with the practice ofICSID tribunals, the Claimant should be able to have them considered on their merits.165 We conclude that, at this jurisdiction phase, it is for theClaimant to characterize the claims as it sees fit. We do not exclude the possibilitythat there may arise a situation where a tribunal may find it necessary atthe very beginning to look behind the claimant’s factual claims, but this is notsuch a case.
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