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IN THE MATTER OF AN ARBITRATION UNDER
THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF BELARUS
AND THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA ON THE PROMOTION AND
PROTECTION OF INVESTMENTS

- and -

THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON INTERNATIONAL
TRADE LAW 1976

- between -

OPEN JOINT STOCK COMPANY “BELARUSKALI”

(the “Claimant”)

and

THE REPUBLIC OF LITHUANIA

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

(PCA Case No. 2024-03)

PROCEDURAL ORDER NO. 4

Resumption of the proceedings

Tribunal
Professor Gabrielle Kaufmann-Kohler (Presiding Arbitrator)
Professor Azzedine Kettani (Arbitrator)
Professor Zachary Douglas KC (Arbitrator)

Tribunal Secretary: Dr Johannes Fahner

Registry: Permanent Court of Arbitration

19 September 2024

[Page 2]

I. PROCEDURAL HISTORY

1.1 In Procedural Order No. 3 dated 24 June 2024, the Tribunal suspended the arbitration proceedings until 30 August 2024, due to the Claimant's inability to pay its share of the initial advance on cost. The Tribunal deferred the time limit for the Statement of Claim and the Request for Bifurcation, if any, by 70 days.

1.2 PO3 further stipulated that the proceedings would be resumed as of Monday 2 September 2024, and that the Tribunal would issue a new procedural calendar, on the assumption that the Claimant would be able to pay its share of the deposit before the end of the suspension.

1.3 On 2 August 2024, the Claimant informed the Tribunal of a change of its Counsel and requested an extension for the filing of its Statement of Claim. The Respondent provided its comments to this request on 6 August 2024. On 8 August 2024, the Tribunal granted the Claimant an extension until 31 October 2024, on the assumption that the proceedings would be resumed as of 2 September 2024.

1.4 By letter of 16 August 2024, the PCA confirmed receipt of the Claimant's share of the deposit.

1.5 On 26 August 2024, the Clamant submitted a second request for an extension for the filing of its Statement of Claim. The Respondent provided its comments to this request on 28 August 2024. On 1 September 2024, the Tribunal granted the Claimant an extension until 2 December 2024.

1.6 On 11 September 2024, the Tribunal provided the Parties with a draft of the revised calendar with a view to the resumption of the proceedings. The Parties submitted comments on 16 September 2024. While the Respondent agreed to the Tribunal's proposal, the Claimant argued that the Respondent should not benefit from the same amount of time for the Statement of Defence as the Claimant received for the Statement of Claim as a result of the suspension of the proceedings and the Claimant's extension requests. On 18 September 2024, the Respondent provided comments on the Claimant's counterproposal.

1.7 In fact, the Respondent had requested an increase of the time for its Statement of Defence in its letter of 10 June 2024 and, in light of the various extensions granted to the Claimant, the Tribunal considers it fair that the Respondent benefit from additional time to prepare its Statement of Defence.

1.8 On this basis, the Tribunal issues the following order.

II. ORDER

The arbitration is resumed as of 2 September 2024 and the revised procedural calendar attached as Annex 1 hereto is adopted.

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Signature

Gabrielle Kaufmann-Kohler
(Presiding Arbitrator)

On behalf of the Tribunal

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ANNEX I: PROCEDURAL CALENDAR

SCENARIO 1: NO BIFURCATION REQUEST

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SCENARIO 2: BIFURCATION REQUEST DENIED

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SCENARIO 3: BIFURCATION REQUEST GRANTED