1. Key takeaways
The Court does not evaluate reasons for revocation that
the Claimant has not raised.
The Claimant defines the scope of evaluation for a revocation
action.
If a party, in its first submission, raises an argument
and the other party takes issue with this argument in reply, the
party may further substantiate its initial argument in its second
submission.
The parties are under an obligation to set out their full case
as early as possible (Preamble RoP 7, Rule 44 RoP). A failure to do
so may lead to the exclusion of arguments. However, in order to
secure fairness and equity of the proceedings (Preamble RoP 5), it
may be admissible to further substantiate an argument raised in the
first submission in a second submission.