PCA Case No. 2023-22
IN THE MATTER OF AN ARBITRATION UNDER THE UNITED STATES – PERU TRADE
PROMOTION AGREEMENT, ENTERED INTO FORCE ON 1 FEBRUARY 2009
- and -
THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON
INTERNATIONAL TRADE LAW, AS REVISED IN 2013 (THE “UNCITRAL RULES”)
- between -
BACILIO AMORRORTU (USA)
(the “Claimant”)
- and -
THE REPUBLIC OF PERU
(the “Respondent”, and together with the Claimant, the “Parties”)
PROCEDURAL ORDER NO. 3
Updated Procedural Calendar
Tribunal
Hon. Justice Mr. David Unterhalter (Presiding Arbitrator)
Professor Bryan Schwartz
Mr. Hugo Perezcano Díaz
Registry
Permanent Court of Arbitration
18 April 2024
[Page 2]
1. On 18 March 2024, the Tribunal issued Procedural Order No. 2 (Decision on Bifurcation), whereby (i) it rejected the Respondent’s request for the bifurcation of the proceedings; and (ii) it directed the Parties to confer and attempt to agree on a procedural calendar for the next phase of the proceedings.
2. On 25 March 2024, the Parties submitted jointly a proposed procedural calendar for the next phase of the proceedings.
3. On 3 April 2024, the Tribunal noted that, while it intended to adopt the Parties’ proposed calendar, it was not available on the dates on which the Parties had proposed to hold the hearing. The Tribunal invited the Parties to confirm their availability to attend the hearing on a different set of dates and also to attempt to agree on a venue for the hearing.
4. On 10 April 2024, the Parties (i) confirmed their availability to attend the hearing from 21 July to 8 August 2025; and (ii) conveyed their agreement that the hearing be held at the facilities of the International Centre for the Settlement of Investment Disputes (“ICSID”) in Washington, D.C.
5. Having consulted the Parties, the Tribunal:
Place of Arbitration: New York, United States of America
Signature
Justice David Unterhalter
(Presiding Arbitrator)
On behalf of the Tribunal
[Page 3]
Annex - Procedural Calendar
| Description | By | Period | Dates |
|---|---|---|---|
| Initial Phase | |||
| Statement of Defence, including any objection to the Tribunal’s jurisdiction and/or counterclaim, with any Witness Statement(s) and Expert Report(s) | Respondent | 42 days from Decision on Bifurcation | Monday, 29 April 2024 |
| United States’ Non-Disputing Party Submission | United States | 42 days from last step | Monday, 10 June 2024 |
| Simultaneous submission of the Parties commenting on United States’ Non-Disputing Party Submission | Claimant and Respondent | 30 days from last step | Wednesday, 10 July 2024 |
| Document Production Phase | |||
| Requests to Produce | Claimant and Respondent | 20 days from Statement of Defence | Monday, 20 May 2024 |
| Parties’ Responses and/or Objections to Requests for Production of Documents | Claimant and Respondent | 30 days from last step | Wednesday, 19 June 2024 |
| Parties’ Replies to Responses and/or Objections to Requests for Production of Documents, submitting any Applications for Document Production to the Tribunal | Claimant and Respondent | 20 days from last step | Tuesday, 9 July 2024 |
| Production of non-objected documents | Claimant and Respondent | 7 days from last step | Tuesday, 16 July 2024 |
| Decision on Request to Produce | Tribunal | 15 days from Parties’ Replies | Wednesday, 24 July 2024 |
| Production as ordered | Claimant and Respondent | 30 days from last step | Friday, 23 August 2024 |
| Written Pleadings | |||
| Reply with any Reply Witness Statement(s) and Expert Report(s) | Claimant | 90 days from last step | Thursday, 21 November 2024 |
| Rejoinder with any Rejoinder Witness Statement(s) and Expert Report(s) | Respondent | 90 days from last step | Wednesday, 19 February 2025 |
[Page 4]
| Rejoinder on Jurisdiction | Claimant | 30 days from last step | Friday, 21 March 2025 |
| Notification of witnesses and experts for examination at the Hearing | Claimant and Respondent | 30 days from last step | Monday, 21 April 2025 |
| Pre-hearing conference | All | 10 days from last step | Thursday, 1 May 2025 |
| Hearing | All | 88 days from last step | Monday, 28 July 2025 to Friday, 1 August 2025 |