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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

Riverside Coffee, LLC

v.

Republic of Nicaragua

(ICSID Case No. ARB/21/16)

PROCEDURAL ORDER No. 5

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

17 January 2023

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I. PROCEDURAL BACKGROUND

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. On 1 July 2022, upon receipt of the parties’ comments on the procedural timetable, the Tribunal issued Procedural Order No. 2, setting out the applicable procedural calendar.

2. On 29 December 2022, the Respondent requested an extension of time of four weeks, until 10 March 2023, of the time limit to submit its Counter-Memorial, which was scheduled for 10 February 2023. On 4 January 2023, following an invitation from the Tribunal, the Claimant filed observations on the Respondent’s extension request. Further communications from the parties on this matter were received on 4 and 5 January 2023. On 5 January 2023, the Tribunal informed the parties that it did not consider that any further correspondence on the Respondent’s request was required, and that the Tribunal would proceed to rule on the request based on the record before it.

3. On 6 January 2023, having considered the parties’ positions, the Tribunal granted the Respondent a three-week extension of time to submit its Counter-Memorial, i.e., until 3 March 2023. The Tribunal invited the Parties to confer and seek agreement, by 13 January 2023, on any further adjustments to the procedural calendar, which in any event should maintain the previously agreed hearing dates.

4. By emails of 13 January 2023, the parties informed the Tribunal that they had reached agreement on the adjustments to the procedural calendar and attached for the Tribunal’s consideration proposed amendments to Annex A of Procedural Order No. 2.

5. The Tribunal approves the parties’ proposed amendments to the procedural calendar and issues this Procedural Order No. 5, setting out the revised dates of the procedural calendar for this arbitration.

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II. ORDER

6. 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: 17 January 2023

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Annex A

Procedural Calendar

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