Lupaka Gold Corp. v. Republic of Peru
(ICSID Case No. ARB/20/46)
Procedural Order No. 1
Scenario 1: No Preliminary Objections
| Date | Lapse (in days) | Party / Tribunal | Description |
|---|---|---|---|
| Friday, 16 April 2021 |
TRIBUNAL | Procedural Order No. 1 | |
| Friday, 1 October 2021 |
168 | CLAIMANT | Memorial |
| Thursday, 24 March 2022 |
174 | RESPONDENT | Counter-Memorial |
| Thursday, 28 April 2022 |
35 | CANADA | Canada’s Notice of Intent to File a Submission under Article 832 of the Canada-Peru FTA |
| Document Production | |||
| Thursday, 14 April 2022 |
21 3 | CLAIMANT AND RESPONDENT | Request for Production of Documents |
| Thursday, 28 April 2022 |
14 | CLAIMANT AND RESPONDENT | Responses and/or Objections to the Request for Production of Documents |
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; (ii) Parties’ joint communication of 22 September 2021, and the Tribunal’s communication of 23 September 2021; (iii) Parties’ joint communication of 15 March 2022, and the Tribunal’s communication of 16 March 2022; (iv) Canada’s communication of 16 March 2022, the Parties’ communications of 16 March 2022, and the Tribunal’s communication of 17 March 2022. ↩
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, 12 May 2022 |
14 | CLAIMANT AND RESPONDENT | Reply to Objections to the Request for Production of Documents – Sent to Tribunal |
| Thursday, 26 May 2022 |
14 | TRIBUNAL | Decision on Production of Documents |
| Friday, 3 June 2022 |
8 | CLAIMANT AND RESPONDENT | Production of Non-Contested Documents and Documents Ordered by the Tribunal |
| Thursday, 26 May 2022 |
63 4 | CANADA | Canada’s Submission under Article 832 of the Canada-Peru FTA |
| Thursday, 26 May 2022 |
Same as above | OTHER PERSONS | Applications/Submissions by “Other Persons” under Article 836 and Annex 836.1 of the Canada-Peru FTA |
| Monday, 12 September 2022 |
101 5 | CLAIMANT | Reply |
| Tuesday, 10 January 2023 |
120 | 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) |
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 |
|---|---|---|---|
| 27 March 2023 to 6 April 2023 |
14 6 | 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) |
| TRIBUNAL | Award |
6 This 14-day 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
Note: Scenario 2 is no longer applicable, following the Respondent’s communication dated 22 October 2021 indicating that Peru would “not be seeking bifurcation on the basis of the preliminary objections that it intends to raise in this arbitration.”