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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT
DISPUTES

Gabriel Resources Ltd. and Gabriel Resources (Jersey) Ltd.

v.

Romania

(ICSID Case No. ARB/15/31)


PROCEDURAL ORDER NO. 4


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]

Introduction

1. The Tribunal refers to:

2. Having reviewed and considered the Parties' arguments in the referred communications, has decided as follows:

Order

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]

Annex A – Procedural Calendar

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