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
21 July 2022
[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 adjustments to the procedural calendar. These changes were approved by the Tribunal in Procedural Order No. 4 on 26 October 2021.
4. On 28 June 2022, the Tribunal issued its Decision on Bifurcation.
5. On 6 July 2022, the Parties wrote to the Tribunal informing it of their agreement to make adjustments to the procedural calendar and requesting that the Tribunal propose new hearing dates to the Parties for early 2024.
6. On 15 July 2022, the Parties and the Tribunal confirmed their availability to hold the hearing during the weeks of 11 and 18 March 2023.
7. On 20 July 2022, the Parties and the Tribunal confirmed that the exchange of lists of witnesses and experts for cross-examination shall be on 20 February 2024 and that the Pre-Hearing Conference shall be on 27 February 2024.
8. These changes are reflected in the procedural calendar as included below:
| 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 |
| 16 September 2022 | Memorial on Preliminary Objections and Counter-Memorial on Merits | Respondent | 44 weeks |
[Page 2]
| Date | Step | Parties / Tribunal | No. of Weeks |
|---|---|---|---|
| 30 September 2022 | Document Requests | Parties (simultaneously) | 2 weeks |
| 14 October 2022 | Objections to Requests | Parties (simultaneously) | 2 weeks |
| 28 October 2022 | Replies to objections | Parties (simultaneously) | 2 weeks |
| 18 November 2022 | Decision on Document requests | Parties (simultaneously) | 3 weeks |
| 16 December 2022 | Production of documents (both voluntary production and production ordered by the Tribunal)1 | Tribunal Parties (simultaneously) |
4 weeks |
| 21 April 2023 | Counter-Memorial on Preliminary Objections and Reply on Merits | Claimant | 31 weeks (18 weeks from production) |
| 27 October 2023 | Reply on Preliminary Objections and Rejoinder on Merits | Respondent | 27 weeks |
| 19 January 2024 | Rejoinder on Preliminary Objections2 | Claimant | 12 weeks |
| 20 February 2024 | List of witnesses and experts to be cross-examined during the hearing | Parties (simultaneously) | 20 days before Hearing |
| 27 February 2024 | Pre-hearing organizational teleconference | Tribunal and Parties | 13 days before Hearing |
| Weeks of 11 and 18 March 2024 | Hearing on Preliminary Objections and Merits3 | 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 |
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. ↩
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. ↩
[Page 3]
9. Accordingly, the Tribunal hereby approves the agreed Procedural Calendar as set out above.
On behalf of the Tribunal,
Signature
Lucy Reed
President of the Tribunal
Date: 21 July 2022