IN THE MATTER OF AN ARBITRATION UNDER CHAPTER ELEVEN OF THE NORTH
AMERICAN FREE TRADE AGREEMENT AND THE 1976 UNCITRAL ARBITRATION RULES
between
RESOLUTE FOREST PRODUCTS INC.
Claimant
and
GOVERNMENT OF CANADA
Respondent
(PCA CASE NO. 2016-13)
ARBITRAL TRIBUNAL:
Judge James R. Crawford, AC (President)
Dean Ronald A. Cass
Dean Céline Lévesque
February 19, 2019
[Page 1]
1.1 The Tribunal issued Procedural Order No. 8 on Revised Schedule for the Merits and Damages Phase on August 15, 2018.
1.2 The Tribunal issued Procedural Order No. 9 on Document Production on August 21, 2018.
1.3 On December 28, 2018, in accordance with an extension agreed by the Parties and approved by the Tribunal, the Claimant filed its Memorial on the Merits and Damages.
1.4 Following an invitation by the Tribunal to consult on revisions to the schedule, on February 15, 2019, the Disputing Parties informed the Tribunal that they had conferred and reached agreement on a further revised schedule for the remainder of the proceedings and requested the approval of the Tribunal.
2.1 The Tribunal approves the further revised schedule agreed by the Disputing Parties for the Merits and Damages Phase, which shall now be as follows:
| Procedural Step | Date |
|---|---|
| I. Claimant’s Memorial on the Merits and Damages | December 28, 2018 |
| J. Respondent’s Counter-Memorial on the Merits and Damages | April 17, 2019 |
| K. Exchange of additional requests for the production of documents. Each additional request should be the consequence of the pleadings and should identify with precision a statement, claim, or argument in the other Disputing Party’s pleading that warrants further discovery or additional documents. | April 30, 2019 |
| L. Objections to additional requests for the production of documents | May 14, 2019 |
[Page 2]
| Procedural Step | Date |
|---|---|
| M. Production of documents in response to undisputed additional document requests Responses to objections to disputed additional document requests |
June 4, 2019 |
| N. Submission of Redfern Schedule for disputed document requests/ application to the Tribunal for Order on disputed requests for the production of documents | June 18, 2019 |
| O. Tribunal’s Order on the production of additional documents | July 9, 2019 |
| P. Production of additional documents as ordered by the Tribunal | July 31, 2019 |
| Q. Claimant’s Reply Memorial on the Merits and Damages | September 6, 2019 |
| R. Respondent’s Rejoinder Memorial on the Merits and Damages | December 20, 2019 |
| S. NAFTA Article 1128 Submissions and Amici Submissions/Applications | January 17, 2020 |
| T. Disputing Parties’ comments in response to Article 1128 Submissions and Amici Submissions/Applications | January 31, 2020 |
| U. Pre-hearing conference and List of Issues to the Disputing Parties per Article 22 of Procedural Order No. 1 | Late March 2020 |
| V. Hearing on the Merits and Damages | May 2020 (specific dates to be determined) |
2.2 As agreed by the Parties, each document production request should be the consequence of the pleadings and should identify with precision a statement, claim, or argument in the other Disputing Party’s pleading that warrants further discovery or additional documents.
[Page 3]
Date: February 19, 2019
For the Arbitral Tribunal
Signature
Judge James R. Crawford, AC