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, 1976
PCA CASE N° 2018-55
- between -
1. MASON CAPITAL L.P. (U.S.A.)
2. MASON MANAGEMENT LLC (U.S.A.)
(the “Claimants”)
- and -
REPUBLIC OF KOREA
(the “Respondent,” and together with the Claimants, the “Parties”)
PROCEDURAL ORDER NO. 4
The Arbitral Tribunal
Professor Dr. Klaus Sachs (Presiding Arbitrator)
The Rt. Hon. Dame Elizabeth Gloster
Professor Pierre Mayer
Registry
Permanent Court of Arbitration
12 March 2020
[Page 1]
WHEREAS the Tribunal notified its Decision on Respondent’s Preliminary Objections to the Parties on 24 January 2020 and invited them to confer and seek agreement on the procedural calendar for the next phase of the proceedings;
WHEREAS the Parties submitted a joint proposal to the Tribunal on 28 February 2020;
WHEREAS the Tribunal suggested to amend certain deadlines in the Parties’ proposal on 9 March 2020;
WHEREAS the Parties confirmed their agreement with the Tribunal’s proposed amendments on 10 and 12 March 2020;
WHEREAS Claimants have, in the Parties’ joint proposal of 28 February 2020, reserved the right to submit a Statement of Rejoinder on Objections to Jurisdiction, if any are raised in the Statement of Defence;
WHEREAS Claimants have, in their email of 12 March 2020, reserved the right to apply for an extension of the envisaged date for the submission of Claimants’ Statement of Rejoinder on Objections to Jurisdiction;
THE TRIBUNAL HEREBY ORDERS:
As agreed by the Parties, the following Procedural Calendar shall apply to the next phase of the proceedings:
| Event | Party | Date |
| Receipt of Decision on Respondent’s Preliminary Objections | Tribunal | Fri 24 January 2020 |
| Phase 1: First-Round Written Submissions | ||
| Amended Statement of Claim | Claimants | Fri 12 June 2020 |
| Statement of Defence | Respondent | Fri 30 October 2020 |
| Phase 2: Document Production / Non-Disputing Party Submission | ||
| Document production requests | Parties | Tue 17 November 2020 |
| Objections to production | Parties | Fri 04 December 2020 |
| Responses to objections (submitted to Tribunal) | Parties | Tue 15 December 2020 |
| Tribunal decision on objections | Tribunal | Mon 11 January 2021 |
| Voluntary production and involuntary production | Parties | Mon 01 February 2021 |
[Page 2]
| Non-Disputing Party Submission (if any) | United States | Mon 01 February 2021 |
| Phase 3: Second-Round Written Submissions | ||
| Statement of Reply [and Defence to Objections to Jurisdiction] (and observations on Non-Disputing Party Submission) | Claimants | Mon 5 April 2021 |
| Statement of Rejoinder [and Reply on Objections to Jurisdiction] (and observations on Non-Disputing Party Submission) | Respondent | Fri 30 July 2021 |
| [Statement of Rejoinder on Objections to Jurisdiction, if any] | Claimants | Wed 8 September 2021 |
| Phase 4: Hearing | ||
| Notification of witnesses and experts to be cross- examined | Parties | Mon 13 September 2021 |
| Pre-Hearing Conference (conference call) | All | Thu 16 September 2021 |
| Hearing (New York City) | All | Mon 04 October 2021 until Friday, 15 October 2021 |
Place of arbitration (legal seat): Singapore
Signature
Professor Dr. Klaus Sachs
(Presiding Arbitrator)
On behalf of the Tribunal