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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES



Oded Besserglik v. Republic of Mozambique
(ICSID Case No. ARB (AF)/14/2)


PROCEDURAL ORDER NO. 2



Mr. Makhdoom Ali Khan, President of the Tribunal
Hon. L. Yves Fortier PC, CC, OQ, QC, Arbitrator
Mr. Claus von Wobeser, Arbitrator


Secretary of the Tribunal
Ms. Martina Polasek

[Page 2]

1. By email of December 27, 2015, the Claimant requested that the Tribunal grant it an extension of 8 days to file its Memorial, i.e. until January 8, 2016.

2. By email of the same date, the Respondent agreed to the Claimant’s request provided that it was granted a commessurate extension of 8 days by which to file its Counter-Memorial – i.e. until April 15, 2016 – and proposed a revised procedural timetable. The Claimant accepted the Respondent’s proposal.

3. In view of the above, the Tribunal approves the parties’ revised timetable, which is annexed to this Order.

Signature

On behalf of the Tribunal
Makhdoom Ali Khan
President of the Tribunal
Date: 29 December 2015


ANNEX A: TIME TABLE

STAGE I: JURISDICTION AND LIABILITY

Submission / Event Date
Claimant’s Memorial 8 January 2015
Respondent’s Counter-Memorial 15 April 2016
First request(s) for production of documents by either party 18 April 2016
Response to first request(s) for production of documents 2 May 2016
Motion(s) to Tribunal regarding first request(s) 18 May 2016

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Submission / Event Date
Answering party’s response to motion 25 May 2016
Requesting party’s reply to motion 1 June 2016
Tribunal’s Decision on first request(s) for production of documents 9 June 2016
Production of documents ordered by the Tribunal 23 June 2016
Claimant’s Reply 23 September 2016
Tribunal’s Decision on the Location of the March 2017 Hearing By 8 December 2016
Respondent’s Rejoinder* 23 December 2016
Witness notification 30 January 2017
Pre-hearing organizational meeting 7 February 2017
Pre-hearing skeleton 15 February 2017
Hearing 6 to 10 March 2017 with
11 March 2017 held in
reserve

STAGE II: DAMAGES

The time limits relevant to the second stage shall be determined after the decision has been delivered in respect of Stage I, if the Tribunal upholds jurisdiction and liability.


* Rejoinder on jurisdiction/jurisdiction of any possible counter-claims may be allowed upon request.