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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]

I. PROCEDURAL BACKGROUND

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.

II. PROCEDURAL CALENDAR

5. Having consulted the Parties, the Tribunal:

  1. ADOPTS the updated Procedural Calendar set forth in the Annex to this Procedural Order; and
  2. DIRECTS that the Hearing be held from Monday, 28 July through Friday, 1 August 2025 at the facilities of ICSID in Washington, D.C., United States of America.

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