INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
Gran Colombia Gold Corp.
v.
Republic of Colombia
(ICSID Case No. ARB/18/23)
Members of the Tribunal
Ms. Jean Kalicki, President of the Tribunal
Professor Bernard Hanotiau, Arbitrator
Professor Brigitte Stern, Arbitrator
Assistant to the President of the Tribunal
Dr. Joel Dahlquist
Secretary of the Tribunal
Ms. Ana Constanza Conover Blancas
21 December 2020
[Page 1]
1. On 23 November 2020, the Tribunal issued a Decision on the Bifurcated Jurisdictional Issue by which it dismissed the Respondent’s objection to jurisdiction based on Article 814(2) of the Free Trade Agreement between Canada and the Republic of Colombia.
2. On 30 November 2020, the Tribunal advised the Parties of the subsequent procedural steps in the arbitration. In accordance with paragraph 26 of Procedural Order No. 4, the Respondent was to file any application to defer quantum briefing two weeks after the Decision on the Bifurcated Jurisdictional Issue (i.e., by Monday, 7 December 2020), and the Claimant was to file any response two weeks thereafter. In addition, both the application and the response were to address the issue of any schedule adjustments should quantum briefing not be deferred.
3. By emails of 7 and 9 December 2020, the Parties requested extensions to the deadlines for the Respondent’s application to defer quantum briefing and for the Claimant’s response, which were granted by the Tribunal. In addition, by communication of 9 December 2020, the Parties requested the Tribunal to indicate its availability for a hearing in the second and third quarters of 2022. The Tribunal provided the Parties with the requested information on 14 December 2020.
4. By emails of 16 and 18 December 2020, the Parties informed the Tribunal that they had reached agreement on the procedural schedule for the next phase of the proceedings and attached for the Tribunal’s consideration proposed amendments to Scenario 2 of Annex A of Procedural Order No. 2.
5. The Tribunal approves the Parties’ proposed amendments to the procedural calendar, with one exception: the Tribunal is available to hold the pre-hearing organizational meeting on 13 July 2022, instead of the Parties’ proposed date of 14 July 2022.
6. The Tribunal issues this Procedural Order No. 8, setting out the revised dates of the procedural calendar for this arbitration.
[Page 2]
7. Scenario 2 of Annex A to Procedural Order No. 2 is hereby amended as follows:
| PROCEDURAL SCHEDULE FOR THE PROCEEDINGS | |||
|---|---|---|---|
| Description | Party/Tribunal | Period of Time (from prior step) |
Date |
| Tribunal’s Decision on Jurisdiction |
Tribunal | – | 23 November 2020 |
| Determination of the Hearing date |
All | – | TBD (as soon as possible) |
| Respondent’s Memorial on Jurisdiction and Counter-Memorial on the Merits |
Respondent | 24 weeks from Decision on Jurisdiction |
13 May 2021 |
| Requests for production of documents |
Claimant and Respondent |
4 weeks | 10 June 2021 |
| Cut-off date to apply for leave to file a non-disputing party submission pursuant to Art. 831 of the FTA |
Non-Disputing Parties | ||
| Responses, including any objections, to requests for production, and production of non-objected documents |
Claimant and Respondent |
4 weeks | 8 July 2021 |
| Responses to non-disputing party applications, if any |
Claimant and Respondent |
1 week | 15 July 2021 |
| Reply to objections to requests for document production and transmittal of schedules to the Tribunal |
Claimant and Respondent |
4 weeks | 12 August 2021 |
| Decision concerning applications from Non-Disputing Parties |
Tribunal | ||
[Page 3]
| PROCEDURAL SCHEDULE FOR THE PROCEEDINGS | |||
|---|---|---|---|
| Description | Party/Tribunal | Period of Time (from prior step) |
Date |
| Deadline for Non-Disputing Party Submissions |
Non-Disputing Parties | 2 weeks | 26 August 2021 |
| Decision by the Tribunal on parties’ requests for document production |
Tribunal | 2 weeks | 9 September 2021 |
| Production of documents as ordered by the Tribunal |
Claimant and Respondent |
4 weeks | 7 October 2021 |
| Claimant’s Reply on the Merits |
Claimant | 16 weeks | 27 January 2022 |
| Respondent’s Reply on Jurisdiction and Rejoinder on the Merits |
Respondent | 16 weeks | 19 May 2022 |
| Claimant’s Rejoinder on Jurisdiction |
Claimant | 5 weeks | 23 June 2022 |
| Parties to exchange list of witnesses and experts to be cross-examined at the hearing |
Claimant and Respondent |
1 week | 30 June 2022 |
| Additional witnesses called by the Tribunal to be cross- examined at the hearing |
Tribunal | 1 week | 7 July 2022 |
| Pre-hearing organizational meeting (by telephone conference) |
All | 6 days | 13 July 2022 |
| Hearing on the Merits | All | 8 weeks | 7 September 2022 through 16 September 2022 |
| Post-Hearing Memorials | Claimant and Respondent |
– | Need and Timing TBD |
| Submissions on Costs | Claimant and Respondent |
– | TBD |
[Page 4]
| PROCEDURAL SCHEDULE FOR THE PROCEEDINGS | |||
|---|---|---|---|
| Description | Party/Tribunal | Period of Time (from prior step) |
Date |
| Award/Decision | Tribunal | – | TBD |
For and on behalf of the Tribunal,
[Signed]
Ms. Jean Kalicki
President of the Tribunal
Date: 21 December 2020