INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
Webuild S.p.A.
(formerly Salini Impregilo S.p.A.)
v.
Republic of Panama
(ICSID Case No. ARB/20/10)
Members of the Tribunal
Ms. Lucy Reed, President of the Tribunal
Mr. Stanimir Alexandrov, Arbitrator
Prof. Dr. Hélène Ruiz Fabri, Arbitrator
Secretary of the Tribunal
Ms. Veronica Lavista
26 October 2021
[Page 1]
1. On 3 May 2021, the Tribunal issued Procedural Order No. 2 establishing the dates for the first round of written pleadings and the range of dates for the hearing.
2. On 21 May 2021, the Tribunal issued Procedural Order No. 3 approving the procedural calendar as agreed to by the Parties.
3. On 25 October 2021, the Parties wrote to the Tribunal informing it of their agreement to make the following adjustments to the procedural calendar:
- Claimant’s Memorial on the Merits will be due on 12 November 2021;
- Respondent’s Memorial on Preliminary Objections and Counter-Memorial on the Merits will be due on 5 August 2022.
4. These changes have been reflected in the previously agreed procedural calendar as follows:
| Date | Step | Parties / Tribunal | No. of Weeks |
|---|---|---|---|
| 5 February 2021 | First Session | All | NA |
| 12 April 2021 | Decision on Bifurcation | Tribunal | NA |
| 12 November 2021 | Memorial on Merits | Claimant | 40 weeks from First Session |
| 5 August 2022 | Memorial on Preliminary Objections and Counter-Memorial on Merits | Respondent | 39 weeks |
| 19 August 2022 | Document Requests | Parties (simultaneously) | 2 weeks |
| 2 September 2022 | Objections to Requests | Parties (simultaneously) | 2 weeks |
| 16 September 2022 | Replies to objections | Parties (simultaneously) | 2 weeks |
| 7 October 2022 | Decision on Document requests | Tribunal | 3 weeks |
| 4 November 2022 | Production of documents (both voluntary production and production ordered by the Tribunal)¹ | Parties (simultaneously) | 4 weeks |
| 27 January 2023 | Counter-Memorial on Preliminary Objections and Reply on Merits | Claimant | 27 weeks (12 weeks from production) |
| 4 August 2023 | Reply on Preliminary Objections and Rejoinder on Merits | Respondent | 27 weeks |
¹ The Parties hereby agree to undertake to use best efforts to voluntarily produce documents on a rolling basis as they are located beginning at the Objections to Request step. The deadline indicated herein represents the last date for production without prejudice to the foregoing.
[Page 2]
| Date | Step | Parties / Tribunal | No. of Weeks |
|---|---|---|---|
| 20 October 2023 | Rejoinder on Preliminary Objections² | Claimant | 11 weeks |
| 24 October 2023 | List of witnesses and experts to be cross-examined during the hearing | Parties (simultaneously) | 11 days before Hearing |
| 24 October 2023 | Pre-hearing organizational teleconference | Tribunal and Parties | 11 days before Hearing |
| 6-17 November 2023 (reserve 20-22 November) | Hearing on Preliminary Objections and Merits (10 days, with 3 days reserved)³ | Tribunal and Parties | |
| TBD | PHB (if any, in accordance with § 22 of Procedural Order No. 1) | Parties (simultaneously) | |
| TBD | Cost submissions | Parties (simultaneously) | |
| TBD | Award on Preliminary Objections and Merits | Tribunal |
5. Accordingly, the Tribunal hereby approves the agreed Procedural Calendar as set out above.
Signature
Lucy Reed
President of the Tribunal
Date: 26 October 2021
² Claimant reserves all rights in connection with its Rejoinder on Preliminary Objections submission, including to request additional time, including in light of Respondent’s Reply on Preliminary Objections and Rejoinder on Merits.
³ The Parties stipulate that neither can be sure of the length of time required for the hearing as the number of witnesses and experts is unknown at this time and the needs for the hearing may change once the submissions are filed. Further adjustments with respect to the duration of the hearing will be considered after the first round of pleadings and the Parties respectfully request that Tribunal hold 3 days in reserve for now and solicit further input from the Parties on this point following the first round of submissions.