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PCA Case No. 2023-37

IN THE MATTER OF AN ARBITRATION UNDER THE UNITED STATES-COLOMBIA
TRADE PROMOTION AGREEMENT, ENTERED INTO FORCE ON 15 MAY 2012
(the “TPA”)

and

THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON
INTERNATIONAL TRADE LAW, AS REVISED IN 2021 (the “UNCITRAL Rules”)

Between:

SEA SEARCH-ARMADA, LLC

(“Claimant”)

- and -

THE REPUBLIC OF COLOMBIA

(“Respondent”, and together with Claimant, the “Parties”)

PROCEDURAL ORDER NO. 3

Procedural Calendar – Phase II

Arbitral Tribunal
Mr. Stephen L. Drymer (Presiding Arbitrator)
Mr. Stephen Jagusch KC
Dr. Claus Von Wobeser

Registry
Mr. José Luis Aragón Cardiel
Permanent Court of Arbitration

Tribunal Assistant
Ms. Dina Prokić

8 April 2024

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I. PROCEDURAL BACKGROUND

1. On 16 February 2024, the Tribunal issued its Decision on the Respondent’s Preliminary Objections under Article 10.20.5 of the TPA, whereby it dismissed Colombia’s objections.

2. On 20 February 2024, the Tribunal invited the Parties to confer and attempt to reach an agreement on the procedural calendar for the next phase of the proceedings.

3. On 7 March 2024, the Parties submitted a joint procedural calendar proposal to the Tribunal.

4. On 15 March 2024, having considered the Parties’ proposals, the Tribunal requested the Parties to attempt to agree on an updated calendar proposal that would incorporate several suggestions from the Tribunal regarding, among other things, the potential filing of amicus submissions as well as the hearing duration, dates and venue.

5. On 23 March 2024, the Parties submitted an updated calendar proposal to the Tribunal and conveyed their agreement to hold a hearing at the facilities of the International Centre for the Settlement of Investment Disputes (ICSID) in Washington, D.C., USA.

6. On 4 April 2024, having been informed that ICSID’s facilities were unavailable on the agreed dates of the hearing, the Tribunal invited the Parties to agree on an alternative hearing venue. That same day, the Parties agreed to hold the hearing at the facilities of the Permanent Court of Arbitration (PCA) in the Peace Palace, The Hague, the Netherlands.

II. PROCEDURAL CALENDAR

7. Having consulted the Parties, the Tribunal hereby adopts the procedural calendar set forth in Annex 1 to this Procedural Order for this phase of the proceedings (“Phase II”).

8. Unless otherwise directed by the Tribunal, the provisions set forth in Sections 3.2 to 3.10 of Procedural Order No. 1, dated 22 August 2023, shall apply mutatis mutandis to the procedural calendar for Phase II.

III. DATES, VENUE AND FORMAT OF THE HEARING

9. The Tribunal reserves the period between Tuesday, 25 November 2025 and Wednesday, 3 December 2025 (excluding Sunday, 30 November 2025) for the Phase II Hearing, which will last up to 8 days.

10. The Phase II Hearing shall be held in person at the facilities of the Permanent Court of Arbitration (PCA) in the Peace Palace, The Hague, the Netherlands.

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11. The Tribunal shall in due course issue a procedural order convening the Phase II Hearing and establishing further details regarding its agenda, exact duration, and relevant technical and ancillary aspects.

PLACE OF ARBITRATION: LONDON, UNITED KINGDOM

DATE: 8 APRIL 2024

ON BEHALF OF THE TRIBUNAL:

Signature

Mr. Stephen L. Drymer
(Presiding Arbitrator)

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ANNEX 1: PROCEDURAL CALENDAR – PHASE II

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