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Lupaka Gold Corp. v. Republic of Peru
(ICSID Case No. ARB/20/46)
Procedural Order No. 1

Annex A1

Procedural Calendar2

Revision No. 4: (17 March 2022)

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.”