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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. 18


Members of the Tribunal
Prof. Pierre Tercier, President of the Tribunal
Prof. Horacio A. Grigera Naón, Arbitrator
Prof. Zachary Douglas QC, Arbitrator

Secretary of the Tribunal
Ms. Sara Marzal Yetano

Assistant to the Tribunal
Ms. Maria Athanasiou







23 October 2018

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I. PROCEDURE

  1. On 26 August 2016, the Tribunal issued Procedural Order No. 1 (“PO 1”) on the procedure of the present arbitration.
  2. On 10 January 2017, the Tribunal adopted the Procedural Calendar, issued as Annex A to Procedural Order No. 4 (“PO 4”).

    This Procedural Calendar has been amended twice by the Parties. First, by their respective letters of 7 and 13 of February 2018, and more recently, by their 11 April 2018 communications. These amendments have not be confirmed by the Tribunal.
  3. On 7 February 2018, Teresa Cheng (the then President of the Tribunal) resigned.
  4. On 5 April 2018, Prof. Pierre Tercier was appointed as President of the Tribunal.
  5. On 27 April 2018, the Parties communicated their joint proposals on the Procedural Calendar.
  6. On 8 May 2018, the Tribunal asked the Parties to reserve the weeks of 2 and 9 December 2019 for the hearing. Both Parties confirmed their availabilities and the Tribunal acknowledged such confirmation on 18 May 2018.
  7. On 29 May 2018, the Tribunal and the Parties held a conference call, during which they discussed several items, including the confirmation of the amendments to the Procedural Calendar as proposed on 27 April 2018 by the Parties.
  8. On 5 June 2018, the Tribunal issued Procedural Order No. 9 (“PO 9”) adopting the amended Procedural Calendar of the present arbitration.
  9. On 18 and 19 October 2018, the Parties communicated an agreed amendment to the Procedural Calendar to the Tribunal.

II. ORDER

  1. Having reviewed and considered the Parties’ proposed amendments in the referred communications, the Tribunal hereby orders as follows:
    1. The Tribunal adopts the amended Procedural Calendar as enclosed to the present Procedural Order No. 18 as Annex A.
    2. The Tribunal takes note and approves the Parties’ joint proposal that these amendments to the Procedural Calendar be made public by the ICSID Secretariat.
    3. The Tribunal further takes note and agrees to the Parties’ joint request that should any applications by non-disputing parties be filed with the ICSID

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Secretariat prior to 9 November 2018, those applications not be forwarded to the Parties prior to 9 November 2018.

On behalf of the Tribunal,

[signed]

Prof. Pierre Tercier
President of the Tribunal

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Annex A

Amended Procedural Calendar

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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 22, 2018 §§13, 14, 16
Requests for production of documents CLAIMANTS AND RESPONDENT 1 month March 22, 2018 §15
Production of non- objected documents and objections to produce CLAIMANTS AND RESPONDENT 4 weeks April 19, 2018 §15
Reply to objections to produce CLAIMANTS AND RESPONDENT 3 weeks May 10, 2018 §15
Memorial on new jurisdictional objection RESPONDENT n/a May 25, 2018
Decision on requests for production of documents TRIBUNAL 4 weeks from Parties’ replies to objections to produce June 7, 2018 §15
Production as ordered CLAIMANTS AND RESPONDENT 2 weeks June 21, 2018 §15
Reply and Counter-Memorial on new jurisdictional objection CLAIMANTS Adjusted in view of changes in schedule November 2, 2018 §§13, 14, 16
Applications to File Non-Disputing Party Submissions - 1 week November 9, 2018 §24
Comments on Non-Disputing Party Applications CLAIMANTS AND RESPONDENT 2 weeks November 23, 2018 §24
Decision on Non-Disputing Party Applications TRIBUNAL 2 weeks December 7, 2018 §24
Comments on Non-Disputing Party Submissions (if any are admitted by Tribunal) CLAIMANTS AND RESPONDENT 6 weeks1 January 18, 2019 §24
Rejoinder and Reply on New Jurisdictional Objection RESPONDENT 6 months after Reply May 10, 2019 §§13, 14, 16
Surrejoinder on New Jurisdictional Objection CLAIMANTS 5 weeks June 14, 2019
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

1 Adjusted to account reasonably for year-end holidays. ↩

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Hearing All December 2-13, 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