INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
Naftiran Intertrade Co. (NICO) Limited
(Claimant)
v.
Kingdom of Bahrain
(Respondent)
(ICSID Case No. ARB/22/34)
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]
On May 7, 2024, the Tribunal issued Procedural Orders Nos. 1 and 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.
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.
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.
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]
| 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 |
| 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]
| 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