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Air Canada v. Venezuela, Procedural Order No. 1, January 12, 2019

12 Jan 2018
Air Canada v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/17/1
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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 Poncet
Respondent appointee
Deva Villanúa Gómez
Tribunal/Panel chair
Pierre Tercier
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Kenneth R. Fleuriet, Reginald R. Smith, Silvia M. Marchili, Enrique J. Molina
Claimant's law firm
Respondent's counsel
Reinaldo Enrique Muñoz Pedroza, Alfredo De Jesus O., Eloisa Falcon Lopez, Marie-Therese Hervella
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
Marco Tulio Montañés-Rumayor
Tribunal assistant
Maria Athanasiou
Third-party funder
Entities
King & Spalding, De Jesús & De Jesús, Alfredo De Jesús O. Transnational Arbitration Litigation & Business Law, Air Canada, Venezuela
Country
Print reporter
Document Summary
Procedural Order No. 1
This summary note is machine-generated. Always consult the original materials.

Procedural Background

This document is Procedural Order No. 1 issued by the Tribunal in the ICSID Additional Facility arbitration between Air Canada and the Bolivarian Republic of Venezuela. Following the first session held via telephone conference on December 14, 2017, the Tribunal issued this Order to establish the foundational procedural framework governing the arbitral proceedings pursuant to Articles 21(1) and 28 of the ICSID Arbitration (Additional Facility) Rules.

Procedural Rules and Directions

The Order delineates comprehensive procedural rules, confirming the proper constitution of the Tribunal and designating Paris, France, as the legal seat of the arbitration. It establishes English and Spanish as the dual procedural languages, detailing specific translation and interpretation requirements for written submissions and oral hearings. The Tribunal further outlines the protocols for the routing of communications, the number and format of pleadings, and the submission of documentary evidence, witness statements, and expert reports.

Additionally, the Order incorporates a procedural calendar (Annex I) governing the sequence of pleadings, with specific provisions addressing the potential bifurcation of the proceedings should the Respondent raise jurisdictional objections. The Tribunal also adopted a standard Redfern Schedule (Annex II) to regulate any forthcoming requests for the production of documents.