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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES


Naftiran Intertrade Co. (NICO) Limited
(Claimant)

v.

Kingdom of Bahrain
(Respondent)

(ICSID Case No. ARB/22/34)


PROCEDURAL ORDER No. 3
On the Procedural Calendar



Members of the Tribunal
Dr. Claus von Wobeser, President of the Tribunal
Prof. Bernard Hanotiau, Arbitrator
Prof. Maxi Scherer, Arbitrator

Secretary of the Tribunal
Ms. Anna Holloway


June 3, 2024

[Page 2]

I. PROCEDURAL BACKGROUND

  1. On May 7, 2024, the Tribunal issued Procedural Orders Nos. 1 and 2.

  2. Para. 14.1 of Procedural Order No. 1 recorded that “[t]he number and sequence of pleadings are to be set out in the procedural calendar, which will be issued in a subsequent procedural order.” A draft procedural calendar, taking into account the parties’ respective positions, had already, on April 30, 2024, been circulated to the parties on the basis that the deadlines were to be considered running. With that communication, the Tribunal had invited the parties to confirm their availability for certain scheduled dates, and to discuss modifications to Scenario 1B of the procedural calendar, and to revert in this regard by May 14, 2024.

  3. On May 14, 2024, in accordance with the Tribunal’s invitation extended, the parties provided their agreed proposed deadlines for circulated a draft of this order (“Draft PO2”) for discussion by the Parties.

  4. On May 17, 2024, the Tribunal invited the parties to confirm their availability for certain dates in the draft procedural calendar; the parties confirmed their availability on May 21, 2024.

II. ORDER

  1. For the sake of good order, the Tribunal now issues this PO 3, recording the finalized procedural calendar, set forth in Annex A to this order.

On behalf of the Tribunal,

[signed]


Dr. Claus von Wobeser
President of the Tribunal
Date: June 3, 2024

[Page 3]

ANNEX A

PROCEDURAL CALENDAR

Scenario 1 (Bifurcation requested)

Description By Days Date PO1 §
First Session All 0 Wednesday, March 20, 2024 Introduction
Memorial on Merits Claimant 50 Thursday, May 9, 2024 §§16.1 and 15.3
Request for Bifurcation Respondent 46 Monday, June 24, 2024 §§16.1 and 15.3
Answer to Request for Bifurcation Claimant 14 Monday, July 8, 2024 §§16.1 and 15.3
Reply on Request for Bifurcation Respondent 7 Monday, July 15, 2024
Rejoinder on Request for Bifurcation Claimant 7 Monday, July 22, 2024
Decision on Bifurcation [Tentative] Tribunal 21 Monday, August 12, 2024

Scenario 1A (bifurcation is DENIED)

Counter-Memorial on the Merits and Memorial on Preliminary Objections Respondent 150 Thursday, January 9, 2025 §16.1
Production of Documents Phase
Requests for Production of Documents Claimant and Respondent 21 Thursday, January 30, 2025 §15
Production of Non-Objected Documents and Objections Claimant and Respondent 21 Thursday, February 20, 2025 §15
Responses to Objections - Sent to Tribunal Claimant and Respondent 18 Monday, March 10, 2025 §15
Decision on Requests [Tentative] Tribunal 21 Monday, March 31, 2025 §15

[Page 4]

Production as Ordered Claimant and Respondent 21 Monday, April 21, 2025 §15
Reply on the Merits and Counter-Memorial on Jurisdiction Claimant 53 Friday, June 13, 2025 §16.1
Rejoinder on the Merits and Reply on Jurisdiction Respondent 84 Friday, September 5, 2025 §16.1
Rejoinder on Jurisdiction Claimant 28 Friday, October 3, 2025 §16.1
Notification of Witnesses and Experts by parties Claimant and Respondent 14 Friday, October 17, 2025 §18.2
Notification of Witnesses and Experts (if any) by Tribunal Tribunal 7 Friday, October 24, 2025 §18.4
CMC on Hearing Organization All 7 To be scheduled in week commencing Monday October 27, 2025* §19
Hearing Commencement All 66 December 8-12, 2025 (with December 13 and 14, 2025 held in reserve) §20.4
Hearing Ends All TBD §20.4
Corrections to Hearing Transcripts Claimant and Respondent TBD §21.3
Simultaneous Costs Submissions Claimant and Respondent TBD §22.1
Award Tribunal TBD §5.3

*precise scheduling to take place after the Decision on Bifurcation

[Page 5]

Scenario 1B (Bifurcation granted)

Description By Days Date PO1 §
Memorial on Preliminary Objections Respondent 56 Monday, October 7, 2024 §§16.1 and 15.3
Counter-Memorial on Jurisdiction Claimant 56 Monday, December 2, 2024 §§16.1 and 15.3
Production of Documents (relevant to jurisdiction) Phase
Requests for Production of Documents Claimant and Respondent 21 Monday, December 23, 2024 §15
Production of Non-Objected Documents and Objections Claimant and Respondent 21 Monday, January 13, 2025 §15
Responses to Objections - Sent to Tribunal Claimant and Respondent 14 Monday, January 27, 2025 §15
Decision on Requests [Tentative] Tribunal 18 Friday, February 14, 2025 §15
Production as Ordered Claimant and Respondent 18 Tuesday, March 4, 2025 §15
Reply on Preliminary Objections Respondent 35 Tuesday, April 8, 2025 §§16.1 and 15.3
Rejoinder on Preliminary Objections Claimant 35 Tuesday, May 13, 2025 §§16.1 and 15.3
Notification of Witnesses and Experts Claimant and Respondent 14 Tuesday, May 27, 2025 §18.2
Notification of Witnesses and Experts (if any) by Tribunal Tribunal 7 Tuesday, June 3, 2025 §18.4
CMC on Hearing Organization All 14 To be scheduled in the two weeks commencing Monday June 16, 2025* §19
Hearing Commencement All 65 July 16 and 17, 2025 (with July 18, 2025 to be held in reserve) §20.4

[Page 6]

Hearing Ends All TBD §20.4
Corrections to Hearing Transcripts Claimant and Respondent TBD §21.3
Simultaneous Costs Submissions Claimant and Respondent TBD §22.1
Decision on Jurisdiction or Award Tribunal TBD §5.3
If the Tribunal decides that it has jurisdiction, the remainder of the Procedural Timetable will be determined at that stage.

*precise scheduling to take place after the Decision on Bifurcation