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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES


Huawei Technologies Co., Ltd.

Claimant

v.

Kingdom of Sweden

Respondent


ICSID Case No. ARB/22/2

PROCEDURAL ORDER NO. 8

Post-Hearing Matters


Tribunal

Prof. Gabrielle Kaufmann-Kohler, President of the Tribunal

Prof. Jane Willems, Arbitrator

Prof. Zachary Douglas KC, Arbitrator

Secretary of the Tribunal

Ms. Jara Mínguez Almeida

Assistant to the Tribunal

Mr. Lukas Montoya




11 December 2024

[Page 1]

I. PROCEDURAL BACKGROUND

1. From 25 November to 5 December 2024, the hearing was held at the International Arbitration Centre, in London, United Kingdom (“Hearing”).

2. At the conclusion of the Hearing, the Parties and the Tribunal discussed a number of post-hearing matters.

3. On the basis of these discussions, the Tribunal issues the present Order.

II. APPLICATIONS REGARDING DR. DIPPON AND MR. OSBORNE

4. The Parties shall file applications, if any, regarding Dr. Dippon and Mr. Osborne’s slide presentations at the Hearing by 19 December 2024, with replies due by 10 January 2025.

III. TRANSCRIPT CORRECTIONS

5. The Parties shall confer with respect to any corrections required to the transcripts for the Hearing, and submit their corrections (if possible, in a joint, agreed version) by 24 January 2025.

IV. THE PTS CASE FILE

6. The Claimant shall file the documents from the PTS case file discussed at the end of the Hearing by 20 December 2024 without comments. The Parties may then comment on these documents in the post-hearing briefs.

V. POST-HEARING SUBMISSIONS

7. The Parties shall file post-hearing briefs (“PHB(s)”) as follows:

  1. The first PHBs shall be filed by 7 March 2025 and shall not exceed 90,000 words each. They shall comment on the evidence heard during the Hearing and place that evidence in the context of the Parties’ respective cases;
  2. The second PHBs shall be filed by 9 May 2025 and shall not exceed 45,000 words each. They shall respond to the other Party’s first PHB;
  3. The word limits exclude cover pages, tables of contents/abbreviations, and footnotes, provided the latter contain references only;
  4. The PHBs shall not be accompanied by additional fact exhibits and legal authorities, except with the Tribunal’s leave.

[Page 2]

VI. COSTS SUBMISSIONS

8. The Parties shall file costs submissions as follows:

  1. The first submissions shall be filed by 6 June 2025. They shall list the costs incurred broken down by category without supporting documentation, unless the Tribunal requires documentation ex officio or on request, and may provide brief comments on cost allocation;
  2. The second submissions shall be filed by 20 June 2025, if at all. They shall be limited to commenting on the other Party’s first submission.

[signed]

Gabrielle Kaufmann-Kohler
President of the Tribunal
Date: 11 December 2024