This HTML version is machine-generated. Always consult the original document.

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. 21

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

3 January 2019

[Page 2]

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 been 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.
10. On 5 June 2018, the Tribunal issued Procedural Order No. 18 (“PO 18”) adopting the further amended Procedural Calendar of the present arbitration.
11. On 13 December 2018, Claimants requested an extension until 28 February 2019 to file their comments on the Non-Disputing Parties’ Submission. These comments were due, simultaneously with those of Respondent, on 18 January 2019.
12. On 26 December 2018, and following relevant correspondence from Respondent and the Tribunal, Respondent accepted Claimants’ request for extension.
13. On 27 December 2018, the extension was confirmed by the Tribunal.

[Page 3]

II. ORDER

14. Having reviewed and considered the Parties’ correspondence and agreement on the extension to file their comments to the Non-Disputing Parties’ Submission, the Tribunal hereby orders as follows:

The Tribunal adopts the amended Procedural Calendar as enclosed to the present Procedural Order No. 21 as Annex A.

On behalf of the Tribunal,

Prof. Pierre Tercier
President of the Tribunal

[Page 4]

Annex A

Amended Procedural Calendar

[Page 5]

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

[Page 6]