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Procedural Background
This Procedural Order No. 20 addresses the Respondent’s (Agencia Nacional de Infraestructura) request concerning the Claimants’ submissions on the calculation of interests and arbitration costs. The Respondent sought a 60-day extension to file an integrated response, the convening of an evidentiary hearing to cross-examine the experts responsible for report CER-011, and leave to submit post-hearing briefs. While the Claimants disputed the Respondent’s substantive allegations, they did not oppose the requested time extension.
Tribunal's Analysis and Directions
The Tribunal adopted the Claimants’ observations and granted the Respondent a 60-day extension, fixing a deadline of May 16, 2025, to submit its integrated response on costs and interests. This extension was expressly granted to safeguard the Respondent’s due process rights. However, the Tribunal rejected the Respondent’s requests for an evidentiary hearing and post-hearing briefs at this juncture, deeming them premature pending the Tribunal's evaluation of the forthcoming written submissions.
Operative Rulings on Submissions and Interest Calculations
The Tribunal authorized the Claimants to file a reply submission, including any additional expert reports or evidence, by June 16, 2025. Furthermore, noting that a minor mathematical correction had been previously effectuated in the Decision on the Request for Clarification of the Partial Final Award on Jurisdiction, Liability, and Damages, the Tribunal directed both parties to submit updated pre-award and post-award interest calculations reflecting this corrected quantum.