INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
Eco Oro Minerals Corp.
Claimant
v.
Republic of Colombia
Respondent
(ICSID Case No. ARB/16/41)
Members of the Tribunal
Mrs. Juliet Blanch, President of the Tribunal
Professor Horacio A. Grigera Naón, Arbitrator
Professor Philippe Sands, Arbitrator
Secretary of the Tribunal
Mrs. Ana Constanza Conover Blancas
Assistant to the President of the Tribunal
Mr. João Vilhena Valério
21 December 2018
[Page 1]
1. On 10 October 2018, the Tribunal issued Procedural Order No. 4, concerning adjustments to the procedural calendar. In its order, the Tribunal granted a 60-day extension to the Respondent to file its Counter-Memorial on the Merits and Memorial on Jurisdiction and allowed a 60-day extension to the Claimant for the filing of its Reply on the Merits and Counter-Memorial on Jurisdiction, if so required.
2. By communications of 26 and 29 October 2018, and 27 and 29 November 2018, the Parties consulted with the Tribunal concerning potential alternative hearing dates, in case the Claimant were to apply for a 60-day extension under Procedural Order No. 4 and the end-January 2020 hearing needed to be moved. Having consulted with the Parties, the Tribunal concluded that it was necessary to keep the January 2020 hearing dates to avoid several additional months of delay in the proceeding.
3. By communications of 18 and 20 December 2018, the Parties informed the Tribunal of their agreement to propose amendments to the procedural calendar with respect to the timetable for the remaining procedural steps prior to the hearing.
4. The Tribunal approves the Parties' proposed amendments to the procedural calendar, as revised on 20 December 2018. The Tribunal issues this Procedural Order No. 5, memorializing such amendments.
5. In view of the above, Annex A to Procedural Order No. 1 is hereby amended as follows:
[Page 2]
| Description | Party / Tribunal |
Period of Time | Due Date |
|---|---|---|---|
| Counter-Memorial on the Merits and Memorial on Jurisdiction | Respondent | +60 days from 25 October 2018 |
Respondent files with ICSID on 24 December 2018 deadline established in Procedural Order No. 4, but ICSID holds Counter-Memorial in “escrow” and delivers to Claimant and the Tribunal on 2 January 2019 |
| Cut-off date for submission of applications for leave to file a Non-Disputing Party submission | Non-Disputing Parties | +7 days from date in which Respondent files with ICSID Counter-Memorial on Merits and Memorial on Jurisdiction | 31 December 2018 |
| Comments on the applications from Non-Disputing Parties seeking leave to file submissions | Parties | +28 days from cut-off date for applications from Non-Disputing Parties | 28 January 2019 |
| Decision concerning applications from Non-Disputing Parties | Tribunal | +21 days from the Parties’ Comments on the applications from Non-Disputing Parties seeking leave to file submissions | 18 February 2019 |
| Requests for Production of Documents | Parties | +49 days from Claimant’s receipt of the Counter-Memorial on the Merits and Memorial on Jurisdiction | 20 February 2019 |
[Page 3]
| Description | Party / Tribunal |
Period of Time | Due Date |
|---|---|---|---|
| Objections to Production Requests and Production of Uncontested Documents | Parties | +14 days from the Requests for Production of Documents | 6 March 2019 |
| Responses to Objections to Production Requests | Parties | + 14 days from the Objections to Production Requests | 20 March 2019 |
| Deadline to file Non-Disputing Party submission | Non-Disputing Parties | +30 days from the Tribunal’s Decision concerning applications from Non-Disputing Parties | 20 March 2019 |
| Ruling on Parties’ Requests for Production of Documents | Tribunal | + 14 days from Responses to Objections to Productions Requests | 3 April 2019 |
| Document Production in accordance with the Tribunal’s Rulings | Parties | + 21 days from the Ruling on Parties’ Requests for Production of Documents | 24 April 2019 |
| Reply on the Merits and Counter-Memorial on Jurisdiction | Claimant | +149 days from Claimant’s receipt of the Counter-Memorial on the Merits and Memorial on Jurisdiction | 31 May 2019 |
| Rejoinder on the Merits and Reply on Jurisdiction | Respondent | +130 days from the Reply on the Merits and Counter-Memorial on Jurisdiction | 8 October 2019 |
| Rejoinder on Jurisdiction | Claimant | +57 days from Rejoinder on the Merits and Reply on Jurisdiction | 4 December 2019 |
| Witness notification | Claimant & Respondent | 35 days before the Hearing | 16 December 2019 |
| Pre-Hearing Organizational Meeting | All | 30 days before the Hearing | 20 December 2019 |
[Page 4]
| Description | Party / Tribunal |
Period of Time | Due Date |
|---|---|---|---|
| Hearing | All | In the period between 20-31 January 2020 |
In the period between 20-31 January 2020 |
On behalf of the Tribunal,
[Signed]
Mrs. Juliet Blanch
President of the Tribunal
Date: 21 December 2018