INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT
DISPUTES
Gabriel Resources Ltd. and Gabriel Resources (Jersey) Ltd.
v.
Romania
(ICSID Case No. ARB/15/31)
Members of the Tribunal
Ms. Teresa Cheng SC, President of the Tribunal
Prof. Horacio A. Grigera Naón, Arbitrator
Prof. Zachary Douglas QC, Arbitrator
Secretary of the Tribunal
Ms. Sara Marzal Yetano
January 10, 2017
[Page 2]
1. The Tribunal refers to:
2. Having reviewed and considered the Parties' arguments in the referred communications, has decided as follows:
1. The Tribunal considers that it has been sufficiently briefed on this matter and therefore rejects Claimants's request to submit observations on Respondent's letter of Deceber 12, 2016.
2. The Tribunal adopts Respondent's Procedural Calendar Option 1 as the Procedural Calendar of this case, which is attached to this Procedural Order as Annex A.
3. Howerver, the Tribunal is mindful that delays in document production might impact upon Claimants' ability to prepare its Reply and would therefore be open to consider a prolongation of the Reply's deadline should the Claimants request it and the circumstances so require.
[Page 3]
On behalf of the Tribunal,
Ms. Teresa Cheng SC
President of the Tribunal
Date: January 10, 2017
[Page 4]
| Description | Party/Tribunal | Period of Time (from prior step) | Date | Paragraph in Procedural Order No. 1 |
|---|---|---|---|---|
| First Session of the Arbitral Tribunal | All | August 12, 2016 | - | |
| Memorial | CLAIMANTS | 7 months | June 30, 2017 | §§13, 14, 16 |
| Counter-Memorial | RESPONDENT | 7.5 months | February 15, 2018 | §§13, 14, 16 |
| Requests for production of documents | CLAIMANTS AND RESPONDENT | 1 month | March 15, 2018 | §15 |
| Production of non-objected documents and objections to produce | CLAIMANTS AND RESPONDENT | 3 weeks | April 5, 2018 | §15 |
| Reply to objections to produce | CLAIMANTS AND RESPONDENT | 2 weeks | April 19, 2018 | §15 |
| Decision on requests for production of documents | TRIBUNAL | 3 weeks | May 10, 2018 | §15 |
| Production as ordered | CLAIMANTS AND RESPONDENT | 1 month | June 10, 2018 | §15 |
| Reply | CLAIMANTS | 5 months (from the date of production of non-objected documents) | September 5, 2018 | §§13, 14, 16 |
| Applications to File Non-Disputing Party Submissions | - | 2 weeks | September 19, 2018 | §24 |
[Page 5]
| Description | Party/Tribunal | Period of Time (from prior step) | Date | Paragraph in Procedural Order No. 1 |
|---|---|---|---|---|
| Comments on Non-Disputing Party Applications | CLAIMANTS AND RESPONDENT | 2 weeks | October 3, 2018 | §24 |
| Decision on Non-Disputing Party Applications | TRIBUNAL | 2 weeks | October 17, 2018 | §24 |
| Comments on Non-Disputing Party Submissions (if any are admitted by Tribunal) | CLAIMANTS AND RESPONDENT | 4 weeks | November 14, 2018 | §24 |
| Rejoinder | RESPONDENT | 5 months after Reply | February 19, 2019 | §§13, 14, 16 |
| Notification of witnesses and experts | CLAIMANTS AND RESPONDENT | 6 weeks before Hearing | TBD | §18 |
| Pre-Hearing Organizational Meeting | All | 4 weeks before Hearing | TBD | §19 |
| Hearing | All | - | September 9-20, 2019 | §20 |
| Post-Hearing Memorials | CLAIMANTS AND RESPONDENT | - | Need and Timing TBD | §22 |
| Cost submissions | CLAIMANTS AND RESPONDENT | - | Need and Timing TBD | §22 |
| Award / Decision | TRIBUNAL | - | TBD | §5, 23 |