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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES


Winshear Gold Corp.

v.

United Republic of Tanzania

(ICSID Case No. ARB/20/25)

PROCEDURAL ORDER NO. 6

Post-Hearing Matters


Members of the Tribunal
Prof. Gabrielle Kaufmann-Kohler, President of the Tribunal
Judge O. Thomas Johnson, Arbitrator
Mr. Edward William Fashole Luke II, Arbitrator

Secretary of the Tribunal
Ms. Ella Rosenberg

Assistant to the Tribunal
Dr. Magnus Jesko Langer




22 February 2023

[Page 2]

I. PROCEDURAL BACKGROUND

1. The Tribunal and the Parties held an evidentiary hearing (the “Hearing”) from 13 to 16 February 2023 on the premises of ICSID in Washington, DC. The Hearing was transcribed and an audio and video recording thereof was made available to the Parties and the Tribunal.

2. On the last day of the Hearing, the Tribunal and the Parties discussed the further procedural steps following the Hearing.

3. Having heard the Parties, the Tribunal now issues this Order.

I. TRANSPARENCY

4. The audio-video recording of the Hearing shall be uploaded onto the ICSID website on 24 February 2023.

II. CORRECTION OF THE TRANSCRIPT

5. Pursuant to paragraph 22.3 of Procedural Order No. 1, the Parties shall attempt to agree on any corrections to the transcript by 2 March 2023.

6. In case of disagreement on corrections, the Tribunal will decide.

II. POST-HEARING BRIEFS AND COST SUBMISSIONS

7. By 3 May 2023, the Parties shall simultaneously submit post-hearing briefs in which they may address all the matters which they deem appropriate. They shall in particular (i) comment on the evidence gathered at the Hearing and place it in context of their case and (ii) make submissions on the entitlement and allocation of costs. The briefs shall be limited to 40,000 words without footnotes, provided footnotes contain only references (approximately 100 pages using 12-point Times New Roman font and single-spacing). The briefs may be accompanied by new legal authorities, if necessary, but not by new factual exhibits, except with prior leave of the Tribunal for the latter.

8. By 17 May 2023, the Parties shall simultaneously submit their schedules of costs, itemizing the costs incurred by category, without appending supporting documentation.

[Page 3]

For and on behalf of the Tribunal,

[signed]

Gabrielle Kaufmann-Kohler
President of the Tribunal

Date: 22 February 2023