INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
Gran Colombia Gold Corp.
v.
Republic of Colombia
(ICSID Case No. ARB/18/23)
Members of the Tribunal
Ms. Jean Kalicki, President of the Tribunal
Professor Bernard Hanotiau, Arbitrator
Professor Brigitte Stern, Arbitrator
Secretary of the Tribunal
Mrs. Ana Constanza Conover Blancas
11 July 2019
[Page 1]
1. On 24 June 2019, the Tribunal issued Procedural Order No. 1, to which a provisional timetable for the arbitration was attached as Annex A.
2. On the same date, the Tribunal invited the parties to confer and try to agree on any minor adjustments they may wish to make to the specific dates set out in Annex A. The Tribunal informed the parties that it would issue a revised version of Annex A with the final dates of the procedural calendar for this proceeding upon receipt of the parties’ comments.
3. Having received and considered the parties’ comments of 1, 8 and 10 July 2019 regarding certain requests for revisions to the procedural timetable upon which the parties were unable to reach agreement, the Tribunal issues this Procedural Order No. 2, setting out the final dates of the procedural calendar for this arbitration.
4. Annex A to Procedural Order No. 1 is hereby amended as follows:
ANNEX A
PROCEDURAL SCHEDULE FOR THE PROCEEDINGS
Three (3) Scenarios for Procedural Timetables under Procedural Order No. 1
SCENARIO 1
The following timetable shall apply in the event that objections to jurisdiction (if any) are made with the counter-memorial, and there is no request for bifurcation.
| Description | Party/Tribunal | Period of Time (from prior step) |
Date |
|---|---|---|---|
| First Session (by telephone conference) |
All | Thursday, 6 June 2019 |
|
| Claimant’s Memorial | Claimant | 17 weeks + 1 day | Friday, 4 October 2019 |
| Respondent’s Counter-Memorial (and Memorial on preliminary objections, if any) | Respondent | 21 weeks | Friday, 28 February 2020 |
[Page 2]
| Description | Party/Tribunal | Period of Time (from prior step) |
Date |
|---|---|---|---|
| Requests for production of documents | Claimant and Respondent | 4 weeks | Friday, 27 March 2020 |
| Simultaneous responses, including any objections, to requests for production, and production of non-objected documents | Claimant and Respondent | 4 weeks | Friday, 24 April 2020 |
| Reply to objections to requests for document production and transmittal of Schedule to the Tribunal | Claimant and Respondent | 4 weeks | Friday, 22 May 2020 |
| Decision by the Tribunal on parties’ requests for document production | Tribunal | 3 weeks | Friday, 12 June 2020 |
| Production of documents as ordered by the Tribunal | Claimant and Respondent | 4 weeks | Friday, 10 July 2020 |
| Claimant’s Reply (and Counter-Memorial on preliminary objections, if any) | Claimant | 12 weeks | Friday, 2 October 2020 |
| Respondent’s Rejoinder on merits and damages (and Reply Memorial on preliminary objections, if any) | Respondent | 17 weeks | Friday, 29 January 2021 |
| Claimants’ Rejoinder memorial on preliminary objections, if any | Claimant | 9 weeks | Friday, 2 April 2021 |
| Parties to exchange list of witnesses and experts to be cross-examined at the hearing | Claimant and Respondent | 6 weeks | Friday, 14 May 2021 |
[Page 3]
| Description | Party/Tribunal | Period of Time (from prior step) |
Date |
|---|---|---|---|
| Additional witnesses called by the Tribunal to be cross-examined at the hearing | Tribunal | 1 week | Friday, 21 May 2021 |
| Pre-hearing organizational meeting (by telephone conference) | All | 1 week | Friday, 28 May 2021 |
| Hearing | All | 3 weeks + 3 days | 21 June 2021 to 2 July 20213 |
| Post-Hearing Memorials | Claimant and Respondent | – | Need and Timing TBD |
| Submissions on Costs | Claimant and Respondent | – | TBD |
| Award/Decision | Tribunal | – | TBD |
3 The parties are requested to confer and report back to the Tribunal, promptly after the exchange of first round-memorials (Claimant’s Memorial and Respondent’s Counter-Memorial), as to whether 10 hearing days are still likely to be required based on the scope of issues and number of potential witnesses presented in those submissions, or alternatively, whether some of these reserved dates may be released. ↩
[Page 4]
SCENARIO 2
The following timetable shall apply in the event that objections to jurisdiction are made in response to the memorial on the merits, and there is a request for bifurcation which is granted.
| Description | Party/Tribunal | Period of Time (from prior step) |
Date |
|---|---|---|---|
| First Session (by telephone conference) |
All | Thursday, 6 June 2019 |
|
| Claimant’s Memorial | Claimant | 17 weeks + 1 day | Friday, 4 October 2019 |
| Respondent’s Summary of Jurisdictional Objections and Request for Bifurcation | Respondent | 40 days | Wednesday, 13 November 2019 |
| Claimant’s Observations on Request for Bifurcation | Claimant | 40 days | Monday, 23 December 2019 |
| Tribunal’s Decision on Bifurcation | Tribunal | 42 days (including winter holidays) |
Monday, 3 February 20204 |
If the Tribunal determines that the proceeding should be bifurcated, |
|||
| Determination of the Jurisdictional hearing date | All | – | TBD (as soon as possible) |
| Respondent’s Memorial on Jurisdiction | Respondent | 9 weeks from Decision on Bifurcation |
Monday, 6 April 2020 |
| Claimant’s Counter-Memorial on Jurisdiction | Claimant | 9 weeks | Monday, 8 June 2020 |
| Requests for production of documents (with respect to jurisdictional objections) | Claimant and Respondent | 2 weeks | Monday, 22 June 2020 |
| Responses, including any objections, to requests for production, and production of uncontested documents | Claimant and Respondent | 2 weeks | Monday 6 July 2020 |
4 The Tribunal reserves the right to issue a short-form decision on bifurcation, with detailed reasons to follow, in order not to delay the further stages of the proceeding while the Tribunal is preparing its longer-form decision. ↩
[Page 5]
| Description | Party/Tribunal | Period of Time (from prior step) |
Date |
|---|---|---|---|
| Reply to objections to requests for document production and transmittal of Schedules to Tribunal | Claimant and Respondent | 2 weeks | Monday 20 July 2020 |
| Decision by the Tribunal on parties’ requests for document production | Tribunal | 3 weeks (likely earlier for jurisdiction-only requests) |
Monday 10 August 2020 |
| Production of Documents as ordered by the Tribunal | Claimant and Respondent | 3 weeks | Monday 31 August 2020 |
| Respondent’s Reply on Jurisdiction | Respondent | 7 weeks | Monday 19 October 2020 |
| Claimant’s Rejoinder on Jurisdiction | Claimant | 7 weeks | Monday 7 December 2020 |
| Parties to exchange list of witnesses and experts to be cross-examined at the hearing on jurisdiction | Claimant and Respondent | 3 weeks | Monday 28 December 2020 |
| Additional witnesses called by the Tribunal to be cross-examined at the hearing | Tribunal | 1 week | Monday 4 January 2021 |
| Pre-hearing organizational meeting (by telephone conference) | All | 1 week | Monday 11 January 2021 |
| Hearing on Jurisdiction | All | – | TBD |
| Tribunal’s Decision on Jurisdiction |
Tribunal | – | TBD |
Assuming that the decision on jurisdiction is not dispositive of the entirety of the arbitration, |
|||
| Determination of the Hearing date | All | – | TBD (as soon as possible) |
| Respondent’s Counter-Memorial on the Merits | Respondent | 16 weeks from Decision on Jurisdiction |
TBD |
| Requests for production of documents | Claimant and Respondent | 4 weeks | TBD |
[Page 6]
| Description | Party/Tribunal | Period of Time (from prior step) |
Date |
|---|---|---|---|
| Responses, including any objections, to requests for production, and production of non-objected documents | Claimant and Respondent | 4 weeks | TBD |
| Reply to objections to requests for document production and transmittal of Schedules to the Tribunal | Claimant and Respondent | 4 weeks | TBD |
| Decision by the Tribunal on parties’ requests for document production | Tribunal | 3 weeks | TBD |
| Production of Documents as ordered by the Tribunal | Claimant and Respondent | 4 weeks | TBD |
| Claimant’s Reply on the Merits |
Claimant | 12 weeks | TBD |
| Respondent’s Rejoinder on the Merits |
Respondent | 16 weeks | TBD |
| Parties to exchange list of witnesses and experts to be cross-examined at the hearing | Claimant and Respondent | 5 weeks | TBD |
| Additional witnesses called by the Tribunal to be cross-examined at the hearing | Tribunal | 1 week | TBD |
| Pre-hearing organizational meeting (by telephone conference) | All | 1 week | TBD |
| Hearing on the Merits | All | – | TBD |
| Post-Hearing Memorials | Claimant and Respondent | – | Need and Timing TBD |
| Submissions on Costs | Claimant and Respondent | – | TBD |
| Award/Decision | Tribunal | – | TBD |
[Page 7]
SCENARIO 3
The following timetable shall apply in the event that objections to jurisdiction are made in response to the memorial on the merits, and there is a request for bifurcation which is denied.
| Description | Party/Tribunal | Period of Time (from prior step) |
Date |
|---|---|---|---|
| First Session (by telephone conference) |
All | Thursday, 6 June 2019 |
|
| Claimant’s Memorial | Claimant | 17 weeks + 1 day | Friday, 4 October 2019 |
| Respondent’s Summary of Jurisdictional Objections and Request for Bifurcation | Respondent | 40 days | Wednesday, 13 November 2019 |
| Claimant’s Observations on Request for Bifurcation | Claimant | 40 days | Monday, 23 December 2019 |
| Tribunal’s Decision on Bifurcation | Tribunal | 42 days (including winter holidays) |
Monday, 3 February 20205 |
If the Tribunal determines that the proceeding should not be bifurcated, |
|||
| Determination of the Hearing date | All | – | TBD (as soon as possible) |
| Respondent’s Counter-Memorial on the Merits and Memorial on Jurisdiction | Respondent | 16 weeks from Decision on Bifurcation |
Tuesday, 26 May 2020 (deferred by 1 day on account of Assumption Day in Colombia - Monday, 25 May 2020) |
| Requests for production of documents | Claimant and Respondent | 4 weeks | Tuesday, 23 June 2020 |
| Responses, including any objections, to requests for production, and production of non-objected documents | Claimant and Respondent | 4 weeks | Tuesday, 21 July 2020 |
5 The Tribunal reserves the right to issue a short-form decision on bifurcation, with detailed reasons to follow, in order not to delay the further stages of the proceeding while the Tribunal is preparing its longer-form decision. ↩
[Page 8]
| Description | Party/Tribunal | Period of Time (from prior step) |
Date |
|---|---|---|---|
| Reply to objections to requests for document production and transmittal of Schedules to the Tribunal | Claimant and Respondent | 4 weeks | Tuesday, 18 August 2020 |
| Decision by the Tribunal on parties’ requests for document production | Tribunal | 3 weeks | Tuesday, 8 September 2020 |
| Production of Documents as ordered by the Tribunal | Claimant and Respondent | 4 weeks | Tuesday, 6 October 2020 |
| Claimant’s Reply on the Merits and Counter-Memorial on Jurisdiction | Claimant | 12 weeks (+ 1 week extension for winter holidays) |
Tuesday, 5 January 2021 |
| Respondent’s Rejoinder on the Merits and Reply on Jurisdiction | Respondent | 17 weeks | Tuesday, 4 May 2021 |
| Claimant’s Rejoinder on Jurisdiction | Claimant | 9 weeks | Tuesday, 6 July 2021 |
| Parties to exchange list of witnesses and experts to be cross-examined at the hearing | Claimant and Respondent | 5 weeks | Tuesday, 10 August 2021 |
| Additional witnesses called by the Tribunal to be cross-examined at the hearing | Tribunal | 1 week | Tuesday, 17 August 2021 |
| Pre-hearing organizational meeting (by telephone conference) | All | 1 week | Tuesday, 24 August 2021 |
| Hearing on the Merits and Jurisdiction | All | – | TBD |
[Page 9]
| Description | Party/Tribunal | Period of Time (from prior step) |
Date |
|---|---|---|---|
| Post-Hearing Memorials | Claimant and Respondent | – | Need and Timing TBD |
| Submissions on Costs | Claimant and Respondent | – | TBD |
| Award/Decision | Tribunal | – | TBD |
Signature
Ms. Jean Kalicki
President of the Tribunal
Date: 11 July 2019