The parties disagree on this threshold point, each adverting to passages
in the various cases that are adduced to support their respective contentions.
The Respondent asks the Tribunal to subject the claims to a certain degree of
scrutiny to determine whether they are properly characterized as alleged violations
of the Treaty. For its part, SGS argues that Pakistan and the Tribunal
must accept, at this stage, the claims as these have been formulated by SGS;
the determination as to whether there truly have been breaches of the BIT is
for the merits phase of the present proceedings