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Procedural Framework
This Procedural Order No. 1, issued by the Arbitral Tribunal following its first session on 28 September 2020, establishes the comprehensive procedural framework for the arbitration. Pursuant to ICSID Arbitration Rules 19 and 20, the Order confirms the proper constitution of the Tribunal and sets forth the rules that will govern the proceedings, having considered the parties' comments on a prior draft.
Key Procedural Determinations
The Tribunal directs that the proceedings will be conducted under the ICSID Arbitration Rules in force as of 10 April 2006. The Order designates Paris as the place of the proceeding and English as the procedural language. It outlines detailed protocols for party representation, the routing of communications through the ICSID Secretariat, and the electronic filing of pleadings and evidence. The Order further provides that document production will be guided by the International Bar Association (IBA) Rules on the Taking of Evidence, utilizing a Redfern Schedule for any requests.
Evidentiary and Hearing Procedures
The Order sets forth specific rules for the submission of witness statements and expert reports, which are to be filed with the parties' pleadings. It details the procedures for the examination of witnesses and experts at the hearing, including time limits for direct examination and the sequence of cross-examination and redirect. The Tribunal also provides for public access to hearings via livestream, subject to arrangements to protect confidential information. The Order includes annexes containing electronic filing guidelines (Annex A), a detailed timetable of proceedings (Annex B), and a template for the Redfern Schedule (Annex C).