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PCA CASE N° 2020-07

IN THE MATTER OF AN ARBITRATION
UNDER THE ENERGY CHARTER TREATY

- and -

THE UNCITRAL ARBITRATION RULES

-between-

NORD STREAM 2 AG

-and-

THE EUROPEAN UNION


PROCEDURAL ORDER NO. 6


The Arbitral Tribunal

Professor Ricardo Ramírez Hernández (Presiding Arbitrator)
Professor Philippe Sands QC
Justice David Unterhalter SC

30 July 2021

[Page 1]

I. PROCEDURAL BACKGROUND

  1. On 31 December 2020, the Tribunal issued Procedural Order No. 4 concerning the Tribunal's Decision on Request for Preliminary Phase on Jurisdiction and establishing the procedural calendar for the proceedings.
  2. By letter dated 12 May 2021, the Tribunal rescheduled the hearing in this matter to the period of 20 June-1 July 2022, with the exact length and dates of the hearing to be determined in due course.
  3. By letter dated 5 July 2021, the Tribunal informed the Parties about a possible delay in the issuance of the Tribunal's Order on Disputed Requests for Documents and indicated that the Tribunal would consult with the Parties regarding any necessary adjustments to the procedural calendar.
  4. On 12 July 2021, the Tribunal issued Procedural Order No. 5 concerning the Parties' outstanding document production requests and invited the Parties to indicate what adjustments might be required to the procedural calendar.
  5. By e-mail of 26 July 2021, the Claimant informed the Tribunal of the Parties' agreement on a revised procedural calendar.

II. PROCEDURAL BACKGROUND

6. The Tribunal hereby adopts the revised procedural calendar agreed by the Parties and annexed to this order.

So ordered by the Tribunal.

Signature

Professor Ricardo Ramírez Hernández

(Presiding Arbitrator)

On behalf of the Tribunal

[Page 2]

ANNEX: REVISED PROCEDURAL CALENDAR

Procedural Calendar Event Date
Claimant's Memorial 3 July 2020
Respondent's Memorial on Jurisdiction and Admissibility and Request for a Preliminary Phase on Jurisdiction and Admissibility 15 September 2020
Claimant's Response to Request for a Preliminary Phase on Jurisdiction and Admissibility 16 October 2020
Hearing on Request for a Preliminary Phase on Jurisdiction and Admissibility 8 December 2020
Tribunal's Decision on Request for a Preliminary Phase on Jurisdiction and Admissibility and Further Procedural Calendar 31 December 2020
Respondent's Counter-Memorial on the Merits and Final Injunction, with Witness Statements and Expert Evidence (if any) (together with all essential documentary evidence and legal authorities relied on) 3 May 2021
Exchange of Requests for Documents 17 May 2021
Responses to Requests for Documents 31 May 2021
Reply to Objections to Requests for Documents 14 June 2021
Submission of outstanding requests, objections and responses to objections to the Tribunal for decision 21 June 2021
Tribunal's Order on Disputed Requests for Documents 12 July 2021
Production of Documents both to which no objection is made, and as ordered by the Tribunal 13 August 2021
Claimant's Reply Memorial on the Merits and Final Injunction, Counter-Memorial on Jurisdiction, and Responsive Witness Statements and Responsive Expert Evidence (if any) (together with all essential documentary evidence and legal authorities relied on) 25 October 2021
Respondent's Rejoinder on the Merits and Final Injunction, Reply Memorial on Jurisdiction, Responsive Witness Statements and Responsive Expert Evidence (if any) (together with all essential documentary evidence and legal authorities relied on) 22 February 2022
Claimant's Rejoinder on Jurisdiction, Responsive Witness Statements and Responsive Expert Evidence (if any) (together with all essential documentary evidence and legal authorities relied on) 25 March 2022

[Page 3]

Parties to agree format of hearing bundles 8 April 2022
Agreed hearing bundles to be filed 22 April 2022
Parties to inform each other of the names of the witnesses of the other Party not required to be available for cross-examination at the Hearing 29 April 2022
Pre-hearing procedural conference in advance of Hearing on Jurisdiction, Merits 6 May 2022
Hearing on Jurisdiction, the Merits 20 June-1 July 2022
(reserved, with exact length
and dates to be determined)