Lupaka Gold Corp. v. Republic of Peru
(ICSID Case No. ARB/20/46)
Procedural Order No. 1
Annex A1
Procedural Calendar2
Revision No. 1 (24 June 2021)
Scenario 1: No Preliminary Objections
| Date | Lapse (in days) | Party / Tribunal |
Description |
|---|---|---|---|
| Friday, 16 April 2021 |
TRIBUNAL | Procedural Order No. 1 | |
| Friday, 24 September 2021 |
161 | CLAIMANT | Memorial |
| Thursday, 3 March 2022 |
160 | RESPONDENT | Counter-Memorial |
| Thursday, 24 March 2022 |
21 | CANADA | Canada’s Notice of Intent to File a Submission under Article 832 of the Canada-Peru FTA |
| Document Production | |||
| Thursday, 31 March 2022 |
28 3 | CLAIMANT AND RESPONDENT | Request for Production of Documents |
| Thursday, 21 April 2022 |
21 | CLAIMANT AND RESPONDENT | Responses and/or Objections to the Request for Production of Documents |
| Thursday, 5 May 2022 |
14 | CLAIMANT AND RESPONDENT | Reply to Objections to the Request for Production of Documents – Sent to Tribunal |
1 This table contains the current procedural calendar. It reflects the initial procedural calendar set forth in Annex A Procedural Order No. 1 of 16 April 2021 (per agreement of the Parties, see Parties’ communications of 9 April 2021), as modified by subsequent amendments resulting from: (i) Parties’ joint communications of 14 May 2021 and 18 June 2021, and the Tribunal’s communications of 15 and 24 June 2021. ↩
2 All lapses are in days and counted from the immediately prior step unless otherwise indicated. ↩
3 Lapse counts from Respondent’s Counter-Memorial. ↩
[Page 2]
| Date | Lapse (in days) | Party / Tribunal |
Description |
|---|---|---|---|
| Thursday, 19 May 2022 |
14 | TRIBUNAL | Decision on Production of Documents |
| Thursday, 26 May 2022 |
7 | CLAIMANT AND RESPONDENT | Production of Non-Contested Documents and Documents Ordered by the Tribunal |
| Thursday, 5 May 2022 |
63 4 | CANADA | Canada’s Submission under Article 832 of the Canada-Peru FTA |
| Thursday, 5 May 2022 |
Same above | OTHER PERSONS | Applications/Submissions by “Other Persons” under Article 836 and Annex 836.1 of the Canada-Peru FTA |
| Monday, 5 September 2022 |
102 5 | CLAIMANT | Reply |
| Tuesday, 10 January 2023 |
127 | RESPONDENT | Rejoinder |
| Monday, 13 February 2023 |
34 | CLAIMANT AND RESPONDENT | Notification of Witness(es)/Expert(s)to be Cross-Examined at the Hearing |
| Monday, 20 February 2023 |
7 | CLAIMANT AND RESPONDENT | Proposal on Hearing Schedule (see, PO1 § 20.2) |
| Monday, 27 February 2023 |
7 | ALL | Pre-Hearing Organizational Meeting |
| Monday, 13 March 2023 |
14 | CLAIMANT AND RESPONDENT | Pre-Hearing Skeletons (see, PO1 § 21.7) |
| 27 March 2023 to 6 April 2023 |
14 6 | ALL | Hearing (Note: Parties estimate 9 hearing days at most) |
4 Lapse counts from Respondent’s Counter-Memorial. ↩
5 Lapse counts from Production of Non-Contested and Ordered Documents. ↩
[Page 3]
| Date | Lapse (in days) | Party / Tribunal |
Description |
|---|---|---|---|
| TBD | TBD | CLAIMANT AND RESPONDENT | Post-Hearing Briefs (see, PO1 § 23.1) |
| TBD | TBD | CLAIMANT AND RESPONDENT | Statements of Costs (see, PO1 § 23.2) |
| TRIBUNAL | Award |
6 This 14 days lapse is counted from the prior step (Pre-Hearing Skeletons). If counted from the Respondent’s Rejoinder, the total lapse is 76 days. ↩
[Page 4]
Scenario 2: Preliminary Objections with Request for Bifurcation
| Date | Lapse (# days) | Party / Tribunal | Description |
|---|---|---|---|
| Friday, 16 April 2021 |
TRIBUNAL | Procedural Order No. 1 | |
| Friday, 24 September 2021 |
161 | CLAIMANT | Memorial |
| Friday, 15 October 2021 |
21 | RESPONDENT | Request for Bifurcation, if any |
| Friday, 5 November 2021 |
21 | CLAIMANT | Response to Request for Bifurcation |
| Friday, 19 November 2021 |
14 | TRIBUNAL | Decision on Request for Bifurcation (without reasons) |
| Friday, 3 December 2021 |
14 | TRIBUNAL | Reasoning for Decision on Request for Bifurcation |
2.1. If Bifurcation is Denied
The following timetable shall apply in the event the Tribunal decides to join the preliminary objections to the merits:
| Date | Lapse (# days) | Party / Tribunal | Description |
|---|---|---|---|
| Thursday, 3 March 2022 |
160 7 | RESPONDENT | Counter-Memorial |
| Thursday, 24 March 2022 |
21 | CANADA | Canada’s Notice of Intent to File a Submission under Article 832 of the Canada-Peru FTA |
| Document Production | |||
7 Lapse counted from Claimant’s Memorial. ↩
[Page 5]
| Date | Lapse (# days) | Party / Tribunal | Description |
|---|---|---|---|
| Thursday, 31 March 2022 |
28 8 | CLAIMANT AND RESPONDENT | Request for Production of Documents |
| Thursday, 21 April 2022 |
21 | CLAIMANT AND RESPONDENT | Responses and/or Objections to the Request for Production of Documents |
| Thursday, 5 May 2022 |
14 | CLAIMANT AND RESPONDENT | Reply to Objections to the Request for Production of Documents – Sent to Tribunal |
| Thursday, 19 May 2022 |
14 | TRIBUNAL | Decision on Production of Documents |
| Thursday, 26 May 2022 |
7 | CLAIMANT AND RESPONDENT | Production of Non-Contested Documents and Documents Ordered by the Tribunal |
| Thursday, 5 May 2022 |
63 9 | CANADA | Canada’s Submission under Article 832 of the Canada-Peru FTA |
| Thursday, 5 May 2022 |
Same above | OTHER PERSONS | Applications/Submissions by “Other Persons” under Article 836 and Annex 836.1 of the Canada-Peru FTA |
| Monday, 5 September 2022 |
102 10 | CLAIMANT | Reply |
| Tuesday, 10 January 2023 |
127 | RESPONDENT | Rejoinder |
8 Lapse counts from Respondent’s Counter-Memorial. ↩
9 Lapse counts from Respondent’s Counter-Memorial. ↩
10 Lapse counts from Production of Non-Contested and Ordered Documents. ↩
[Page 6]
| Date | Lapse (# days) | Party / Tribunal | Description |
|---|---|---|---|
| Monday, 13 February 2023 |
34 | CLAIMANT AND RESPONDENT | Notification of Witness(es)/Expert(s)to be Cross-Examined at the Hearing |
| Monday, 20 February 2023 |
7 | CLAIMANT AND RESPONDENT | Proposal on Hearing Schedule (see, PO1 § 20.2) |
| Monday, 27 February 2023 |
7 | ALL | Pre-Hearing Organizational Meeting |
| Monday, 13 March 2023 |
14 | CLAIMANT AND RESPONDENT | Pre-Hearing Skeletons (see, PO1 § 21.7) |
| 27 March 2023 to 6 April 2023 |
14 11 | ALL | Hearing (Note: Parties estimate 9 hearing days at most) |
| TBD | TBD | CLAIMANT AND RESPONDENT | Post-Hearing Briefs (see, PO1 § 23.1) |
| TBD | TBD | CLAIMANT AND RESPONDENT | Statements of Costs (see, PO1 § 23.2) |
2.2. If Bifurcation is Granted
The following timetable shall apply in the event the Tribunal decides to bifurcate:
| Date | Lapse (# days) | Party / Tribunal | Description |
|---|---|---|---|
| Wednesday, 5 January 2022 |
47 12 | RESPONDENT | Memorial on Jurisdiction |
11 This 14 days lapse is counted from the prior step (Pre-Hearing Skeletons). If counted from the Respondent’s Rejoinder, the total lapse is 76 days. ↩
12 Lapse counted from Tribunal’s Decision on Request for Bifurcation without reasons (19 November 2021). ↩
[Page 7]
| Date | Lapse (# days) | Party / Tribunal | Description |
|---|---|---|---|
| Wednesday, 2 February 2022 |
28 | CANADA | Canada’s Notice of Intent to File a Submission under Article 832 of the Canada-Peru FTA |
| Thursday, 10 March 2022 |
64 13 | CLAIMANT | Counter-Memorial on Jurisdiction |
| Thursday, 24 March 2022 |
14 | CANADA | Canada’s Submission under Article 832 of the Canada-Peru FTA |
| Thursday, 24 March 2022 |
Same as above | OTHER PERSONS | Applications/Submissions by “Other Persons” under Article 836 and Annex 836.1 of the Canada-Peru FTA |
| Thursday, 7 April 2022 |
28 14 | RESPONDENT | Reply on Jurisdiction |
| Thursday, 5 May 2022 |
28 | CLAIMANT | Rejoinder on Jurisdiction |
| Friday, 20 May 2022 |
15 | CLAIMANT AND RESPONDENT | Notification of Witness(es)/Expert(s)to be Cross-Examined at the Hearing |
| Friday, 27 May 2022 |
7 | CLAIMANT AND RESPONDENT | Proposal on Hearing Schedule (see, PO1 § 20.2) |
| Friday, 3 June 2022 |
7 | ALL | Pre-Hearing Organizational Meeting |
| Friday, 10 June 2022 |
7 | CLAIMANT AND RESPONDENT | Pre-Hearing Skeletons (see, PO1 § 21.7) |
13 Lapse counts from Respondent’s Memorial on Jurisdiction. ↩
14 Lapse counts from Claimant’s Counter-Memorial on Jurisdiction. ↩
[Page 8]
| Date | Lapse (# days) | Party / Tribunal | Description |
|---|---|---|---|
| 20 to 22 June 2022 | 10 15 | ALL | Hearing (Note: Parties estimate 3 hearing days at most) |
| TBD | CLAIMANT AND RESPONDENT | Post-Hearing Briefs (see, PO1 § 23.1) |
|
| TBD | CLAIMANT AND RESPONDENT | Statements of Costs (see, PO1 § 23.2) |
The remainder of the schedule for further proceedings, if any issues remain after a phase on preliminary objections, will be fixed pursuant to Arbitration Rule 41(4) (last sentence).
15 This 10-day lapse is counted from the prior step (Pre-Hearing Skeletons). If counted from the Claimant’s Rejoinder on Jurisdiction, the total lapse is 46 days. ↩