IN THE MATTER OF AN ARBITRATION
BEFORE A TRIBUNAL CONSTITUTED IN ACCORDANCE WITH
THE FREE TRADE AGREEMENT BETWEEN THE REPUBLIC OF KOREA AND THE
UNITED STATES OF AMERICA, DATED 30 JUNE 2007
- and -
THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION
ON INTERNATIONAL TRADE LAW, 2013
PCA CASE NO. 2018-51
-between-
ELLIOTT ASSOCIATES, L.P. (U.S.A.)
(the “Claimant”)
-and-
REPUBLIC OF KOREA
(the “Respondent,” and together with the Claimant, the “Parties”)
The Arbitral Tribunal
Dr. Veijo Heiskanen (Presiding Arbitrator)
Mr. Oscar M. Garibaldi
Mr. J. Christopher Thomas QC
Registry
Permanent Court of Arbitration
26 August 2019
PCA 285442
[Page 2]
1. On 14 May 2019, the Tribunal issued Procedural Order No. 2, determining the procedural timetable for the present arbitration. Procedural Order No. 2 contemplated four alternative tracks for the proceedings, depending on whether the Respondent chose to raise any objections to jurisdiction or admissibility, the basis of such objections, and whether such objections would be dealt with in a preliminary phase of the proceedings.
2. On 22 August 2019, the Respondent, with the agreement of the Claimant, requested the Tribunal’s approval of an extension of time for the submission of its Statement of Defence, from 30 August 2019 to 27 September 2019, as well as a number of related amendments to the procedural timetable.
3. By the same letter, the Respondent confirmed that, without prejudice to any jurisdictional or other objections it might raise in its Statement of Defence, it would not seek bifurcation of the present proceedings.
4. In view of the above, the Tribunal decides as follows:
(a) The Tribunal takes note of, and approves, the revised procedural timetable as agreed by the Parties;
(b) The Tribunal further takes note of the Respondent’s confirmation that it will not seek bifurcation of the proceedings, while reserving its right to raise jurisdictional and other objections; and
(c) The proceedings shall be conducted in accordance with the revised timetable reproduced in the Annex to the present Procedural Order.
Place of Arbitration: London, United Kingdom
Signature
Dr. Veijo Heiskanen
(Presiding Arbitrator)
On behalf of the Tribunal
PCA 285442
[Page 3]
| Phase 1: First-Round Written Submissions Amended Statement of Claim Statement of Defence (and any preliminary objections) Phase 2: Document Production and Non-disputing Party Submission Document production requests Objections to production Responses to objections (submitted to Tribunal) Voluntary production Notice by non-disputing Party that it intends to file a submission in accordance with Article 11.20(4) of the Treaty Tribunal decision on objections Involuntary production and completion of voluntary production Non-disputing party submission in accordance with Article 11.20(4) of the Treaty Phase 3: Second-Round Written Submissions Statement of Reply (and Defence to Preliminary Objections, if any) Statement of Rejoinder (and Reply to Preliminary Objections, if any) Claimant’s Rejoinder on Preliminary Objections, if any) Phase 4: Hearing Notification of witnesses and experts to be cross-examined Pre-Hearing Conference Hearing | Claimant 4 April 2019 Respondent 27 September 2019 Parties 1 November 2019 Parties 22 November 2019 Parties 13 December 2019 Parties 6 January 2020 United States 6 January 2020 Tribunal 10 January 2019 Parties 7 February 2020 United States 7 February 2020 Claimant 7 June 2020 Respondent 7 September 2020 Claimant) 29 October 2020) Parties 23 November 2020 All 7 December 2020 All The weeks of 25 January and 1 February 2021 |
PCA 285442