[Page 1]
Red Eagle Exploration Limited v. Republic of Colombia
(ICSID Case No. ARB/18/12)
Procedural Order No. 1 – Annex B (Amended)
The following timetable shall apply in the event that objections to jurisdiction (if any) are made with the counter-memorial, and there is no request for bifurcation.
| Date / [Period of Time] | Party / Tribunal | Description |
|---|---|---|
| Procedural Consultation (4 December 2019) |
All | Procedural Consultation |
| Within 14 days of the Procedural Consultation (18 December 2019) |
Tribunal | Decision on the Preliminary Objection |
| Assuming that the Decision on the Respondent's Preliminary Objection is not dispositive of the entirety of the arbitration | ||
| Within 120 days of the Decision on the Preliminary Objection (16 May 2020) |
Claimant | Memorial on the Merits |
| +120 days from the Memorial on the Merits (14 September 2020) |
Respondent | Counter-Memorial on the Merits and Memorial on Jurisdictional Objections |
| +21 days from the Memorial on Jurisdictional Objections and Counter-Memorial on the Merits (5 October 2020) |
Parties Non-Disputing Parties |
Requests for Production of Document, Cut-off date to apply for leave to file a non-disputing party submission |
1 The procedural calendar is amended as of 12 November 2020 to reflect the revised dates for the submissions under
Scenario 3 as a result of the Decision on Bifurcation issued at an earlier date. ↩
2 The procedural calendar is amended as of 30 November 2020 to reflect the parties' agreement to extend deadlines
for the document production phase. ↩
[Page 2]
| Date / [Period of Time] | Party / Tribunal | Description |
|---|---|---|
| + + 14 days from Requests for Production of Document/Cut-off date to apply for leave to file a non-disputing party submission (19 October 2020) |
Parties | Responses to Document Requests, Responses to Non-Disputing Party Application, if any |
| +14 days from Responses to Document Requests/Responses to Non-Disputing Party Application, if any (2 November 2020) |
Parties | Reply to Responses on Document Requests, Submission to Tribunal; Voluntary Production |
| +14 days from Reply to Responses on Document Requests/Submission to Tribunal; Voluntary Production (16 November 2020) |
Tribunal | Decision on Document Requests, Decision on Non-Disputing Party Submissions |
| +14 days from Decision on Document Requests, Decision on Non-Disputing Party Submissions (30 November 2020) |
Parties | Deadline for Production of Documents, Deadline for Non-Disputing Party Submissions |
| +105 days from the Counter-Memorial on the Merits and Memorial on Jurisdictional Objections (28 December 2020) |
Claimant | Reply on the Merits and Counter-Memorial on Jurisdictional Objections |
| +119 days [105 days + 14 days for Christmas holidays] from the Reply on the Merits and Counter-Memorial on Jurisdictional Objections (26 April 2021) |
Respondent | Rejoinder on the Merits and Reply on Jurisdictional Objections |
| +42 days from Rejoinder on the Merits and Reply on Jurisdictional Objections (7 June 2021) |
Claimant | Rejoinder on Jurisdictional Objections |
| +45 days before the Hearing | Parties | Witness notification |
[Page 3]
| Date / [Period of Time] | Party / Tribunal | Description |
|---|---|---|
| +30 days before the Hearing | All | Pre-Hearing Organizational Meeting |
| within 60 to 120 days from Rejoinder on Jurisdictional Objections (6 August 2021 –5 October 2021) |
All | Hearing |
[Page 4]
The following timetable shall apply in the event that objections to jurisdiction are made in response to the memorial on the merits, and there is a request for bifurcation which is granted.
| Date / [Period of Time] | Party / Tribunal | Description |
|---|---|---|
| Procedural Consultation (4 December 2019) |
All | Procedural Consultation |
| Within 14 days of the Procedural Consultation (18 December 2019) |
Tribunal | Decision on the Preliminary Objection |
| Assuming that the Decision on the Respondent's Preliminary Objection is not dispositive of the entirety of the arbitration | ||
| Within 120 days of the Decision on the Preliminary Objection (16 May 2020) |
Claimant | Memorial on the Merits |
| +30 days from delivery Memorial on the Merits (16 June 2020) |
Respondent | Request for Bifurcation |
| +30 days from Request for Bifurcation (16 July 2020) |
Claimant | Observations on Request for Bifurcation |
| +30 days from Observations on Request for Bifurcation (17 August 2020) |
Tribunal | Decision granting bifurcation |
| +60 days from decision granting bifurcation (16 October 2020) |
Respondent | Memorial on Jurisdictional Objections |
| +60 days from Memorial on Jurisdictional Objections (15 December 2020) |
Claimant | Counter-Memorial on Jurisdictional Objections |
| Only exceptionally a document production phase for jurisdiction would be granted upon reasoned request | ||
[Page 5]
| Date / [Period of Time] | Party / Tribunal | Description |
|---|---|---|
| +59 [45 days + 14 days for Christmas holidays] days from the Counter- Memorial on Jurisdictional Objections (12 February 2021) |
Respondent | Reply on Jurisdictional Objections |
| +45 days from Reply on Jurisdictional Objections (29 March 2021) |
Claimant | Rejoinder on Jurisdictional Objections |
| +45 days before the Hearing | Parties | Witness notification |
| +30 days before the Hearing | All | Pre-Hearing Organizational Meeting |
| within 60 to 120 days from Rejoinder on Jurisdictional Objections (28 May 2021–27 July 2021) |
All | Hearing on Jurisdiction |
| Tribunal | Decision on Jurisdiction | |
| Assuming that the Decision on Jurisdiction is not dispositive of the entirety of the arbitration | ||
| +90 days from Decision on Jurisdiction | Respondent | Counter-Memorial on the Merits |
| +21 days from the Counter-Memorial on the Merits |
Parties Non-Disputing Parties |
Requests for Production of Document, Cut-off date to apply for leave to file a non-disputing party submission on merits |
| +14 days from Requests for Production of Document/ cut-off date for applications for leave to file a non- disputing party submission from Non- Disputing Parties |
Parties | Responses to Document Requests, Responses to Non-Disputing Party Application, if any |
| +14 days from Responses to Document Requests/Responses to Non-Disputing Party Application, if any |
Parties | Reply to Responses on Document Requests, Submission to Tribunal; Voluntary Production |
[Page 6]
| Date / [Period of Time] | Party / Tribunal | Description |
|---|---|---|
| +14 days from Reply to Responses on Document Requests/Submission to Tribunal; Voluntary Production |
Tribunal | Decision on Document Requests, Decision on Non-Disputing Party Submissions |
| +14 days from Decision on Document Requests, Decision on Non-Disputing Party Submissions |
Parties | Deadline for Production of Documents, Deadline for Non-Disputing Party Submissions |
| +105 days from Counter-Memorial on the Merits |
Claimant | Reply on the Merits |
| +105 from Reply on the Merits | Respondent | Rejoinder on the Merits |
| +45 days before the Hearing | Parties | Witness notification |
| +30 days before the Hearing | All | Pre-Hearing Organizational Meeting |
| within 60 to 120 days from Rejoinder on the Merits |
All | Hearing on the Merits |
[Page 7]
The following timetable shall apply in the event that objections to jurisdiction are made in response to the memorial on the merits, and there is a request for bifurcation which is refused.
| Date / [Period of Time] | Party / Tribunal | Description |
|---|---|---|
| Procedural Consultation (4 December 2019) |
All | Procedural Consultation |
| Within 14 days of the Procedural Consultation (18 December 2019) |
Tribunal | Decision on the Preliminary Objection |
| Assuming that the Decision on the Respondent's Preliminary Objection is not dispositive of the entirety of the arbitration | ||
| Within 120 days of the Decision on the Preliminary Objection (16 May 2020) |
Claimant | Memorial on the Merits |
| +30 days from delivery Memorial on the Merits (16 June 2020) |
Respondent | Request for Bifurcation |
| +30 days from Request for Bifurcation (16 July 2020) |
Claimant | Observations on Request for Bifurcation |
| +30 days from Observations on Request for Bifurcation (3 August 2020) |
Tribunal | Decision refusing bifurcation or joinder of jurisdictional objections to the merits |
| +90 days from the decision refusing bifurcation (2 November 2020) |
Respondent | Counter-Memorial on the Merits and Memorial on Jurisdictional Objections |
| +21 days from the Memorial on Jurisdictional Objections and Counter-Memorial on the Merits (23 November 2020) |
Non-Disputing Parties | Cut-off date to apply for leave to file a non-disputing party submission |
[Page 8]
| Date / [Period of Time] | Party / Tribunal | Description |
|---|---|---|
| +28 days from the Memorial on Jurisdictional Objections and Counter-Memorial on the Merits (30 November 2020) |
Parties | Requests for Production of Document, |
| +14 days from Cut-off date to apply for leave to file a non-disputing party submission (7 December 2020) |
Parties | Responses to Non-Disputing Party Application, if any |
| +18 days from Requests for Production of Document party submission (18 December 2020) |
Parties | Responses to Document Requests |
| +17 days from Responses to Document Requests (4 January 2021) |
Parties | Reply to Responses on Document Requests, Submission to Tribunal; Voluntary Production |
| +14 days from Reply to Responses on Document Requests/Submission to Tribunal; Voluntary Production / +42 days from Responses to Non-Disputing Party Application, if any (18 January 2021) |
Tribunal | Decision on Document Requests, Decision concerning applications from Non- Disputing Parties |
| +14 days from Decision on Document Requests, Decision on Non-Disputing Party Submissions (1 February 2021) |
Parties | Deadline for Production of Documents, Deadline for Non-Disputing Party Submissions |
| +119 days [105 days + 14 days for Christmas holidays] from the Counter- Memorial on the Merits and Memorial on Jurisdictional Objections (1 March 2021) |
Claimant | Counter-Memorial on Jurisdictional Objections and Reply on the Merits |
| +105 days from the Counter-Memorial on Jurisdictional Objections and Reply on the Merits (14 June 2021) |
Respondent | Rejoinder on the Merits and Reply on Jurisdictional Objections |
[Page 9]
| Date / [Period of Time] | Party / Tribunal | Description |
|---|---|---|
| +42 days from Rejoinder on the Merits and Reply on Jurisdictional Objections (26 July 2021) |
Claimant | Rejoinder on Jurisdictional Objections |
| +45 days before the Hearing | Parties | Witness notification |
| +30 days before the Hearing | All | Pre-Hearing Organizational Meeting |
| Week of 21 February 2022 (holding 26 February 2022 in reserve) |
All | Hearing |