����AV

Neither the Statute nor the Rules of Procedure of the Tribunal prescribe the form of the parties’ submissions filed in accordance with an order of the Tribunal. In the absence of such provisions, the matter falls under article 36 of the Rules of Procedures. The respondent has not specified anything in the form of the applicant’s submission that substantively breaches his obligations under the directions made in the Tribunal’s order—the use of the word “grounds” in a subheading instead of “issues” is not a significant difference and generally it is of no importance which template the applicant has used for structuring his submission if it otherwise complies with the order. Furthermore, the Tribunal is vested with significant independent authority to undertake case management under article 19 of the Rules of Procedure. The Tribunal is disinclined to prevent the applicant from amending his earlier submission so long as the legal rights and interests of the respondent are not impaired, and the respondent did not present any arguments in this regard and nothing in the case suggested any. Outcome: The respondent’s motion to strike out the applicant’s submission dismissed.