PCA Case No. 2018-39
IN THE MATTER OF AN ARBITRATION UNDER THE TREATY BETWEEN THE
GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF
THE REPUBLIC OF BOLIVIA CONCERNING THE ENCOURAGEMENT AND
RECIPROCAL PROTECTION OF INVESTMENT, SIGNED ON APRIL 17, 1998 AND
ENTERED INTO FORCE ON JUNE 6, 2001
- and -
THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON
INTERNATIONAL TRADE LAW, AS REVISED IN 2010/2013 (the “UNCITRAL Rules”)
- between -
1. THE ESTATE OF JULIO MIGUEL ORLANDINI-AGREDA
2. COMPAÑÍA MINERA ORLANDINI LTDA.
(the “Claimants”)
- and -
THE PLURINATIONAL STATE OF BOLIVIA
(the “Respondent”, and together with the Claimants, the “Parties”)
Tribunal
Dr. Stanimir A. Alexandrov (Presiding Arbitrator)
Professor Dr. Guido Santiago Tawil
Dr. José Antonio Moreno Rodríguez
March 8, 2019
[Page 2]
1. The Tribunal issued its Procedural Order No. 1 on February 4, 2019. The Procedural Calendar of the arbitration leading to a Decision on Bifurcation is set forth in Annex 1 to that order.
2. By letter dated February 4, 2019, the Tribunal invited the Parties to confer and attempt to agree on the two procedural calendar scenarios that would apply following the Tribunal’s Decision on Bifurcation.
3. On February 25, 2019, the Parties informed the Tribunal that they had failed to reach agreement on two procedural calendar scenarios as requested by the Tribunal, and each submitted a procedural calendar proposal for the Tribunal to consider.
4. Having carefully considered the Parties’ proposed calendar scenarios, the Tribunal has determined that the Procedural Calendar shall be as set out in Annex 1 to this order.
5. The schedule for the phase of the proceedings following the Decision on Bifurcation shall be fixed in accordance with Scenario 1 or 2 of Annex 1 to this order, as applicable, after the issuance of the Decision on Bifurcation.
6. The Tribunal reserves its powers to amend the procedural calendar at any stage, as may be necessary, following consultations with the Parties.
7. The provisions set out in Section 14 of Procedural Order No. 1 shall apply, mutatis mutandis, to this Procedural Order.
Place of Arbitration: Paris, France
Signature
Dr. Stanimir A. Alexandrov
(Presiding Arbitrator)
On behalf of the Tribunal
[Page 3]
| Preliminary Phase | |||
| Description | By | Days | Dates |
|---|---|---|---|
| Step 1: First Procedural Meeting | All | N/A | January 29, 2019 |
| Step 2: Report on the outcome of the Florida Court proceeding concerning the appointment of the personal representative of Mr. Orlandini’s estate | Claimants | N/A | N/A |
| Step 3: Request for Bifurcation of the Proceedings | Respondent | Up to 30 days from Step 2 | TBD |
| Step 4: Response to the Request for Bifurcation of the Proceedings | Claimants | Up to 30 days from Step 3 | TBD |
| Step 5: Decision on Bifurcation | Tribunal | Up to 30 days from Step 4 | TBD |
Scenario 1: The proceedings are not bifurcated
| Initial Phase | |||
| Description | By | Days | Dates |
|---|---|---|---|
| Step 1: Statement of Claim, with any Witness Statement(s) and Expert Report(s) | Claimants | 120 days from Decision on Bifurcation | TBD |
| Step 2: Statement of Defense, including any objection to the Tribunal’s jurisdiction and/or counterclaim, with any Witness Statement(s) and Expert Report(s) | Respondent | 120 days from Step 1 | TBD |
[Page 4]
| Document Production Phase | |||
| Description | By | Days | Dates |
|---|---|---|---|
| Step 3: Request to Produce Documents | Claimants and Respondent | 21 days from Step 2 | TBD |
| Step 4: Production of Non-Objected Documents and Objections to Produce | Claimants and Respondent | 30 days from Step 3 | TBD |
| Step 5: Response to Objections to Produce and reasoned applications for an order on production of documents in the form of a Redfern Schedule (Annex 2 of Procedural Order 1) | Claimants and Respondent | 14 days from Step 4 | TBD |
| Step 6: Decision on Request to Produce Documents | Tribunal | 14 days from Step 5 | TBD |
| Step 7: Production as ordered | Claimants and Respondent | 30 days from Step 6 | TBD |
| Written Pleadings | |||
| Step 8: Reply with any Reply Witness Statement(s) and Expert Report(s) | Claimants | 90 days from Step 7 | TBD |
| Step 9: Rejoinder with any Rejoinder Witness Statement(s) and Expert Report(s) | Respondent | 90 days from Step 8 | TBD |
| Step 10: Notification of witnesses and experts for the examination at the Hearing | Claimants and Respondent | Approx. 30 days from Step 9 | TBD |
[Page 5]
| Oral Pleadings | |||
| Description | By | Days | Dates |
|---|---|---|---|
| Step 11: Pre-hearing Conference | All | Approx. 14 days from Step 10 | TBD |
| Step 12: Oral Hearing | All | TBD | TBD |
| Post-Hearing Pleadings | |||
| Step 13: Post-Hearing Briefs (TBD) | Claimants and Respondent | TBD | TBD |
| Step 14: Final Award | Tribunal | TBD | TBD |
Scenario 2: The proceedings are bifurcated
| Initial Phase on Jurisdiction and Admissibility | |||
| Description | By | Days | Dates |
|---|---|---|---|
| Step 1: Memorial on Jurisdictional Objections, with any Witness Statement(s) and Expert Report(s) | Respondent | 90 days from Decision on Bifurcation | TBD |
| Step 2: Counter-Memorial on Jurisdictional Objections, with any Witness Statement(s) and Expert Report(s) | Claimants | 90 days from Step 1 | TBD |
[Page 6]
| Document Production Phase on Jurisdiction and Admissibility | |||
| Description | By | Days | Dates |
|---|---|---|---|
| Step 3: Request to Produce Documents | Claimants and Respondent | 17 days from Step 2 | TBD |
| Step 4: Production of Non-Objected Documents and Objections to Produce | Claimants and Respondent | 20 days from Step 3 | TBD |
| Step 5: Response to Objections to Produce and reasoned applications for an order on production of documents in the form of a Redfern Schedule (Annex 2 of Procedural Order 1) | Claimants and Respondent | 10 days from Step 4 | TBD |
| Step 6: Decision on Request to Produce Documents | Tribunal | 14 days from Step 5 | TBD |
| Step 7: Production as ordered | Claimants and Respondent | 30 days from Step 6 | TBD |
| Written Pleadings on Jurisdiction and Admissibility | |||
| Step 8: Reply on Jurisdictional Objections with any Reply Witness Statement(s) and Expert Report(s) | Respondent | 60 days from Step 7 | TBD |
| Step 9: Rejoinder on Jurisdictional Objections with any Rejoinder Witness Statement(s) and Expert Report(s) | Claimants | 60 days from Step 8 | TBD |
| Step 10: Notification of witnesses and experts for the examination at the Hearing on Jurisdiction | Claimants and Respondent | Approx. 30 days from Step 9 | TBD |
[Page 7]
| Oral Pleadings on Jurisdiction and Admissibility | |||
| Description | By | Days | Dates |
|---|---|---|---|
| Step 11: Pre-hearing Conference | All | Approx. 14 days from Step 10 | TBD |
| Step 12: Oral Hearing on Jurisdiction | All | TBD | TBD |
| Post-Hearing Pleadings on Jurisdiction and Admissibility | |||
| Step 13: Post-Hearing Briefs on Jurisdictional Objections (TBD) | Claimants and Respondent | TBD | TBD |
| Step 14: Award on Jurisdiction | Tribunal | TBD | TBD |
[***the schedule for the next phase of the proceedings shall be fixed once the Tribunal issues its
Award on Jurisdiction***]