This Procedural Order No. 9, issued by the Tribunal following the hearing held in November 2025, establishes the framework for post-hearing submissions. The order formalizes agreements reached between the parties and provides the Tribunal's directions on outstanding procedural matters to conclude the written phase of the arbitration.
The Tribunal directs the parties to simultaneously file their Post-Hearing Briefs by 30 April 2026. These briefs are strictly limited to matters of fact and law presented in prior submissions and at the hearing, and must not contain new allegations or legal arguments. The briefs are also required to include the parties' final and updated requests for relief and may address specific questions previously posed by the Tribunal during the hearing.
The order sets forth a detailed procedure for handling new arguments or admissibility objections raised in the briefs, allowing for a subsequent round of submissions on those specific issues. It establishes firm deadlines for any requests to introduce new evidence (13 February 2026) or new legal authorities (27 February 2026), subject to obtaining leave from the Tribunal. The Tribunal reserves its decision on whether to request supplemental evidence from the parties' legal, mining, or quantum experts. Finally, the order indicates that directions for the submission of cost statements will be provided after the closure of the proceedings and attaches a revised procedural calendar.

