Abstract

In this article, the author examines ICSID Arbitration Rule 41(5), which allows an arbitral tribunal to dismiss a claim if it finds in a summary proceeding that the claim is manifestly without legal merit. Proceeding from an overview of the case law, the author under-takes an in-depth analysis of the Rule's scope of application and questions whether it can strike a balance between effectively dis-missing claims that are patently unmeritorious or frivolous and sufficiently safeguarding a claimant's right to appropriately present its claim.