IN THE MATTER OF AN ARBITRATION UNDER CHAPTER ELEVEN OF THE NORTH
AMERICAN FREE TRADE AGREEMENT AND THE 1976 UNCITRAL ARBITRATION RULES
between
RESOLUTE FOREST PRODUCTS INC.
Claimant
and
GOVERNMENT OF CANADA
Respondent
(PCA CASE NO. 2016-13)
ARBITRAL TRIBUNAL:
Judge James R. Crawford, AC (President)
Dean Ronald A. Cass
Professor Céline Lévesque
May 7, 2020
[Page 1]
1.1 The Tribunal issued Procedural Order No. 12 on a Further Revised Schedule for the Merits and Damages Phase on November 18, 2019.
1.2 On March 30, 2020, the Tribunal proposed certain modifications to the timelines in Procedural Order No. 12.
1.3 On March 31, 2020, the Disputing Parties jointly advised the Tribunal that the May 2020 hearing dates were no longer possible in light of the COVID-19 pandemic and proposed to postpone the hearing.
1.4 Following extensive discussions regarding the Disputing Parties' and Tribunal's availability, it became apparent that November 2-6, 2020 is the next possible opportunity for an in-person hearing in Toronto. It was agreed that should an in-person hearing be impossible, the hearing would proceed by video conference.
2.1 The further revised schedule for the Merits and Damages Phase shall now be as follows:
| Procedural Step | Date |
|---|---|
| T. Disputing Parties' comments in response to Article 1128 Submissions and Amici Submissions / Applications | May 8, 2020 |
| U. Pre-hearing conference and List of Issues to the Disputing Parties per Article 22 of Procedural Order No. 1 | Mid-October 2020 |
| V. Hearing on the Merits and Damages in Toronto, Canada, at Arbitration Place or by video conference | Week of November 2-6, 2020 (October 31-November 1 and November 7-8 in reserve) |
Date: May 7, 2020
[Page 2]
For the Arbitral Tribunal
Signature
Judge James R. Crawford, AC