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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”)


PROCEDURAL ORDER NO. 10


The Arbitral Tribunal

Dr. Veijo Heiskanen (Presiding Arbitrator)

Mr. Oscar M. Garibaldi

Mr. J. Christopher Thomas QC

Registry

Permanent Court of Arbitration

6 February 2020

[Page 2]

I. PROCEEDINGS

1. On 13 January 2020, the Tribunal issued Procedural Order No. 8, setting out the Tribunal’s decision regarding the Parties’ disputed requests for the production of documents.

2. On 17 January 2020, the Tribunal issued Procedural Order No. 9, approving a revised procedural timetable agreed by the Parties. Pursuant to that revised procedural timetable, the deadline for the voluntary and involuntary production of documents was extended to 10 February 2020.

3. By email dated 5 February 2020, the Claimant informed the Tribunal that the Parties had agreed to further extend the time limit for the voluntary and involuntary production of documents from 10 February 2020 to 21 February 2020.

II. THE TRIBUNAL’S DECISION

4. In view of the above, the Tribunal decides as follows:

  1. The Tribunal takes note of, and approves, the revised procedural timetable as agreed by the Parties; and
  2. 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

[Page 3]

Annex

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)
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
Non-disputing party submission in accordance with Article 11.20(4) of the Treaty
Voluntary production and involuntary production
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
United States
6 January 2020
Tribunal
10 January 2020
United States
7 February 2020
Parties
21 February 2020
Claimant
8 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