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Oschadbank v. Russian Federation, Procedural Order No. 1

19 Aug 2016
Joint Stock Company "State Savings Bank of Ukraine" (JSC Oschadbank) v. Russian Federation (I), PCA Case No. 2016-14
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Procedural Order No. 1
Document Details:
LISTED PARTICIPANTS
Procedural Order No. 1
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Charles N. Brower
Respondent appointee
Hugo Perezcano Díaz
Tribunal/Panel chair
David A.R. Williams
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Russia
Country
Print reporter
Document Summary
Procedural Order No. 1
This summary note is machine-generated. Always consult the original materials.

Procedural Framework and Timetable

This Procedural Order No. 1, issued by the Arbitral Tribunal in the PCA-administered arbitration between JSC Oschadbank and the Russian Federation, establishes the comprehensive procedural framework for the proceedings. The Tribunal, constituted under the 1976 UNCITRAL Rules, confirms Paris, France as the place of arbitration. A key feature of the order is its establishment of two distinct procedural timetables, contingent upon the Respondent's participation. Annex 1 provides an expedited schedule in the event the Russian Federation fails to participate, while Annex 2 sets out a more detailed timetable for a fully contested proceeding, including phases for written submissions, document production, and a hearing on jurisdiction, admissibility, and merits.

Evidence and Document Production

The Order provides detailed directives concerning written submissions, documentary evidence, and legal authorities. It specifies requirements for formatting, numbering, and the submission of both hard and electronic copies. For matters of evidence, the Tribunal notes that it may be guided by, but is not bound by, the 2010 IBA Rules on the Taking of Evidence in International Arbitration. The Order institutes a formal procedure for document production requests and objections, providing that unresolved disputes over production shall be submitted to the Tribunal for decision via a Redfern Schedule.

Witnesses, Experts, and Hearing Procedures

The Tribunal sets forth specific rules governing the content and submission of witness statements and expert reports, including requirements for affirmations of truth and statements of independence. The Order contemplates the potential for expert conferencing to produce joint statements on areas of agreement and disagreement. It also details the procedures for pre-hearing matters, such as the submission of an agreed chronology and list of issues, and outlines the protocol for the examination of witnesses and experts at the hearing, including direct, cross, and redirect examination, as well as questioning by the Tribunal. Provisions are made for live transcription of the hearing and the potential for post-hearing submissions if deemed necessary.