Rule 34 Disputing the Tribunal's jurisdiction
A defendant who wishes to—
dispute the Tribunal's jurisdiction to hear the claim; or
argue that the Tribunal should not exercise its jurisdiction,
may apply to the Tribunal for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it might have.
A defendant who wishes to make such an application shall first file an acknowledgment of service in accordance with rule 33.
A defendant who files an acknowledgment of service does not by doing so lose any right it may have to dispute the Tribunal's jurisdiction and does not need to file a defence before the hearing of its application under this rule.
An application under this rule shall—
be made within 14 days after filing an acknowledgment of service; and
be supported by evidence.
If the defendant—
files an acknowledgment of service; and
does not make an application within the period specified in paragraph (4),
the defendant is to be treated as having accepted that the Tribunal has jurisdiction to hear the claim.
An order containing a declaration that the Tribunal has no jurisdiction or will not exercise its jurisdiction may also make further provision as to the disposal or stay of the proceedings.
If on an application under this rule the Tribunal does not make a declaration under paragraph (6), the Tribunal shall give directions regarding the future conduct of the proceedings.