1. In accordance with Article 21(4) of the UNCITRAL Arbitration Rules, 1976, (the "UNCITRAL Rules") Canada requests that the Tribunal bifurcate these proceedings and hear its objection to the Tribunal's jurisdiction as a preliminary question. The Claimant has failed to meet the conditions precedent for submission of a claim to arbitration pursuant to Chapter 11 of NAFTA. As such, Canada has not consented to the arbitration of this claim and objects to the jurisdiction of the Tribunal on these grounds. Bifurcation of this jurisdictional objection is appropriate, as it will increase the efficiency of these proceedings.

I. A JURISDICTIONAL OBJECTION SHOULD BE CONSIDERED AS A PRELIMINARY MATTER IF DOING SO WILL INCREASE THE EFFICIENCY OF THE PROCEEDINGS

2. Article 21(4) of the UNCITRAL Rules provides, in relevant part, that "[i]n general, the arbitral tribunal should rule on a plea concerning its jurisdiction as a preliminary question."1 Commentators have explained that doing so can result in the parties "avoiding the expense of presenting the case on the merits."2 According to Redfern and Hunter, bifurcation of an objection to jurisdiction "enables the parties to know where they stand at an early stage; and it will save them spending time and money on arbitral proceedings that prove to be invalid."3