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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. 3


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

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1. On December 29, 2015, the Tribunal issued Procedural Order No. 2 concerning the procedural calendar.

2. By email of April 13, 2016, the Respondent indicated that the parties had agreed to a one-week extension of the deadline for its Counter-Memorial (i.e. until April 22, 2016) and a corresponding one-week extension of the deadlines set out in Procedural Order No. 2, except the pre-hearing and hearing dates. The one-week extension was approved by the Tribunal on April 14, 2016.

3. On May 29, 2016, the Claimant requested an extension until June 6, 2016 for the filing of its Reply to its Motion for the Production of Documents dated May 17, 2016, which was scheduled to be submitted by May 31, 2016. By email of the same date, the Respondent opposed the Claimant’s requested extension and requested that, in the event the Claimant’s extension was granted, it be permitted the opportunity to file a Rejoinder on the Claimant’s May 17, 2016 Motion two weeks after the filing of the Claimant’s Reply.

4. On May 31, 2016 ICSID informed the parties that the Tribunal had approved the Claimant’s request for an extension until June 6, 2016 for the filing of its Reply on its Motion and that it also approved the Respondent’s request to file a Rejoinder two weeks after the filing of Claimant’s Reply (i.e. by June 20, 2016).

5. In view of the above, the revised procedural timetable is annexed to this Order.

Signature

On behalf of the Tribunal
Makhdoom Ali Khan
President of the Tribunal
Date: June 16, 2016

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ANNEX A: TIMETABLE

STAGE I: JURISDICTION AND LIABILITY

Submission / Event Date
Respondent’s Rejoinder on the Claimant’s Motion of 17 May 2016 20 June 2016
Tribunal’s Decision on first request(s) for production of documents 28 June 2016
Production of documents ordered by the Tribunal 12 July 2016
Claimant’s Reply 22 September 2016
Tribunal’s Decision on the Location of the March 2017 Hearing By 7 December 2016
Respondent’s Rejoinder* 22 December 2016
Witness notification 16 January 2017
Pre-hearing organizational meeting 20 January 2017
Pre-hearing skeleton 30 January 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.