Procedural Background

This Procedural Order No. 1 establishes the procedural framework governing the arbitration proceedings between the Claimant and Turkmenistan, conducted pursuant to the ICSID Arbitration Rules in force as of July 1, 2022. The Tribunal, reconstituted following the disqualification of a prior member, confirmed its proper constitution and the availability of its members to adjudicate the dispute.

Procedural Rules and Document Production

The Tribunal set forth comprehensive directives regarding the routing of communications, the sequence of pleadings, and the submission of documentary evidence. Notably, the Tribunal determined that the document production phase shall be guided, though not strictly bound, by the 2020 IBA Rules on the Taking of Evidence in International Arbitration. The Order imposes a strict limit of 25 document requests per party, requiring the use of a Stern Schedule for all requests, objections, and replies.

Witness Evidence and Hearing Logistics

The Order delineates the protocols for witness and expert testimony, mandating that written statements serve as direct examination, subject to limited oral direct examination at the hearing. The Tribunal reserved the right to summon witnesses independently and established the parameters for cross-examination and re-direct examination. Furthermore, the Order designates Paris, France, as the place of the proceeding, while retaining the Tribunal's discretion to conduct hearings remotely or in a hybrid format depending on prevailing public health or security circumstances.