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
21 February 2020
[Page 2]
1. On 11 October 2019, the Tribunal issued Procedural Order No. 9, approving a revised procedural timetable agreed by the Parties.
2. By email dated 21 February 2020, the Respondent informed the Tribunal that the Parties had agreed to vary the time limits for document production and the filing of the Parties’ written submissions, so as to extend the voluntary and involuntary production of documents to 6 March 2020; the submission of the Claimant’s Statement of Reply to 16 June 2020; the submission of the Respondent’s Statement of Rejoinder to 18 September 2020; and the submission of the Claimant’s Rejoinder on Preliminary Objections (if any) to 12 November 2020.
3. In the same email, the Respondent noted that the Parties disagreed as to whether a Rejoinder on Preliminary Objections is warranted and indicated that it would address the issue in due course.
4. In view of the above, the Tribunal decides as follows:
(a) The Tribunal approves the revised procedural timetable as agreed by the Parties; and
(b) The proceedings shall be conducted in accordance with the revised timetable reproduced in the Annex to the present Procedural Order, subject to further argument by the Parties as may be required in due course as to whether a Rejoinder on Preliminary Objections is warranted.
Place of Arbitration: London, United Kingdom
Signature
Dr. Veijo Heiskanen
(Presiding Arbitrator)
On behalf of the Tribunal
[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) 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 6 March 2020 Claimant 19 June 2020 Respondent 18 September 2020 Claimant) 12 November 2020) Parties 23 November 2020 All 7 December 2020 All The weeks of 25 January and 1 February 2021 |