INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
Riverside Coffee, LLC
v.
Republic of Nicaragua
(ICSID Case No. ARB/21/16)
Members of the Tribunal
Dr. Veijo Heiskanen, President of the Tribunal
Mr. Philippe Couvreur, Arbitrator
Ms. Lucy Greenwood, Arbitrator
Secretary of the Tribunal
Ms. Ana Constanza Conover Blancas
1 July 2022
[Page 1]
1. On 27 June 2022, the Tribunal issued Procedural Order No. 1 which set out the procedural rules that govern this arbitration and indicated that the applicable procedural calendar would be established in a subsequent procedural order.
2. On the same date, the Tribunal invited the parties to inform the Tribunal of their availability and preferences regarding proposed dates to hold the pre-hearing conference set forth in section 19.1 of Procedural Order No. 1 and hearing dates in accordance with section 20 of Procedural Order No. 1.
3. By communications of 30 June 2022, the parties confirmed their availability to hold the hearing and the pre-hearing conference on the dates proposed by the Tribunal.
4. Having received the parties’ comments on the procedural timetable, the Tribunal issues this Procedural Order No. 2, setting out the dates of the procedural calendar for this arbitration.
5. In light of the above, the Tribunal hereby orders that the procedural calendar attached as Annex A to this procedural order apply in this arbitration.
On behalf of the Tribunal,
Signature
Dr. Veijo Heiskanen
President of the Tribunal
Date: 1 July 2022
[Page 2]
Annex A
Procedural Calendar
| Description | Party / Tribunal |
Time Period | Date |
|---|---|---|---|
| Memorial on the Merits | Claimant | Following the date of issuance of a Procedural Order confirming the procedural calendar + 16 weeks |
21 October 2022 |
| Counter-Memorial on the Merits and Memorial on Jurisdiction | Respondent | + 16 weeks | 10 February 2023 |
| Document Production Phase | |||
| Request for Production of Documents | Parties | + 6 weeks | 24 March 2023 |
| Production of Non-Contested Documents, and/or Objections to Requests for Production of Documents | Parties | + 4 weeks from Request | 21 April 2023 |
| Reply to Objections to the Request for Production of Documents – Sent to the Tribunal | Parties | + 2 weeks from Request | 5 May 2023 |
| Decision on Objections to Request for Production of Documents | Tribunal | +2 weeks from Objections | 19 May 2023 |
| Production of Documents Ordered by the Tribunal | Parties | + 3 weeks | 9 June 2023 |
| From the end of the production phase if so ordered | |||
| Reply on the Merits and Counter-Memorial on Jurisdiction | Claimant | + 12 weeks | 1 September 2023 |
[Page 3]
| Description | Party / Tribunal |
Time Period | Date |
|---|---|---|---|
| Rejoinder on the Merits and Reply on Jurisdiction | Respondent | + 12 weeks | 24 November 2023 |
| Rejoinder on Jurisdiction | Claimant | + 12 weeks | 16 February 2024 |
| Non-disputing party submission(s) under Article 10.20(2) DR-CAFTA, if any; and applications for leave to file amici curiae submissions under Article 10.20(3), if any | TBD | +2 weeks | 1 March 2024 |
| Comments on non-disputing party submission(s) under Article 10.20(2) DR-CAFTA, if any; and comments on applications for leave to file amici curiae submissions under Article 10.20(3), if any | Claimant and Respondent | +3 weeks | 22 March 2024 |
| Decision on applications for leave to file amici curiae submissions under Article 10.20(3), if any | Tribunal | +1 weeks | 27 March 2024 |
| Deadline to file amici curiae submissions under Article 10.20(3), if any | Non-disputing parties | +2 weeks | 12 April 2024 |
| Comments on amici curiae submissions under Article 10.20(3), if any | Claimant and Respondent | +3 weeks | 3 May 2024 |
| Notification of Witnesses/Experts for Cross-Examination | Parties | No less than 8 weeks prior to the hearing | 10 May 2024 |
| Call of Witnesses/Experts not Called by the Parties, if any | Tribunal | + 1 week after the Notification of Witnesses/Experts for Cross-Examination by the Parties | 17 May 2024 |
[Page 4]
| Description | Party / Tribunal |
Time Period | Date |
|---|---|---|---|
| Pre-Hearing Organizational Meeting | Parties and Tribunal (or President) | No less than one month prior to the hearing | 29 May 2024 tentatively |
| Hearing on Jurisdiction and Merits | All | At the earliest 6 weeks after the filing of the last written submission. | 1 – 12 July 2024 |
| Post-Hearing Briefs | Parties | TBD | |
| Statements on Costs | Parties | TBD | |
| Award | Tribunal | TBD |