This HTML version is machine-generated. Always consult the original document.Original document (PDF), opens in new tab

PCA CASE N° 2019-46

IN THE MATTER OF AN ARBITRATION

BEFORE A TRIBUNAL CONSTITUTED IN ACCORDANCE WITH THE

TRADE PROMOTION AGREEMENT BETWEEN THE REPUBLIC OF PERÚ AND THE

UNITED STATES OF AMERICA

- and -

THE UNCITRAL ARBITRATION RULES 2013

-between-

THE RENCO GROUP, INC.

-and-

THE REPUBLIC OF PERU


PROCEDURAL ORDER NO. 4


The Arbitral Tribunal

Judge Bruno Simma (Presiding Arbitrator)

Prof. Horacio Grigera Naón

Mr. J. Christopher Thomas QC

8 October 2021

[Page 2]

1 Introduction

1.1 Pursuant to the agreement of the Parties, this arbitration is being coordinated with The Renco Group, Inc. and Doe Run Resources Corp. v. Republic of Peru and Activos Mineros S.A.C., PCA Case No. 2019-47 (the “Contract Case”).

1.2 On 28 June 2021, the Respondent informed the Tribunal of the withdrawal of its external counsel. Consequently, the Respondent requested a revision to the procedural calendar.

1.3 On 12 July 2021, following further comments from the Parties, the Tribunal invited the Parties to discuss and attempt to agree upon a revised procedural calendar for this arbitration and the Contract Case once the Respondent had appointed new external counsel.

1.4 By joint e-mail of 22 September 2021, the Parties proposed a revised procedural calendar.

2 Procedural Calendar

2.1 The Tribunal hereby accepts and adopts the revised procedural calendar agreed by the Parties, as set forth in Annex 1 to this Procedural Order.

2.2 On or before the date of the deadline for any written submission, the Party in question shall send the submission to the Tribunal, PCA, and opposing counsel, by e-mail or secure file-sharing platform, in accordance with the Terms of Appointment and Procedural Order No. 1.

So ordered by the Tribunal.

Signature

Judge Bruno Simma

(Presiding Arbitrator)

On behalf of the Tribunal

[Page 3]

Annex 1: Procedural Calendar

Event Date
Preliminary Document Production N/A (Denied)
Claimant’s Memorial Thursday, 25 January 2021
Respondent’s Counter-Memorial Friday, 18 March 2022
Non-Disputing State Party Submission Tuesday, 24 May 2022
Potential Document Production Phase Friday, 18 March 2022-
Friday, 24 June 2022
Claimant’s Reply on Liability and Response on
Jurisdiction
Tuesday, 19 July 2022
Respondent’s Rejoinder on Liability and Reply on
Jurisdiction
Tuesday, 22 November 2022
Claimant’s Rejoinder on Jurisdiction Tuesday, 21 February 2023
Hearing 6-17 November 2023