INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
In the arbitration proceeding between
MIRIAN G. DEKANOIDZE AND T.G. TRADE LLC
Claimants
v.
GEORGIA
Respondent
(ICSID Case No. ARB/23/45)
Members of the Tribunal
Ms. Judith Levine, President of the Tribunal
Dr. Hamid Gharavi, Arbitrator
Prof. Attila Massimiliano Tanzi, Arbitrator
Secretary of the Tribunal
Ms. Ella Rosenberg
Date: 25 November 2024
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1. The Tribunal and the Parties held a virtual hearing on the Respondent’s Rule 41 objection (“Hearing”) on 19 November 2024.
2. At the end of the Hearing, the Tribunal and the Parties discussed various post-hearing matters, including the timing and length of costs submissions as well as the opportunity to correct the transcript of the Hearing.
3. On 22 November 2024, the Tribunal circulated a draft version of this procedural order (“Draft PO4”) and invited the Parties to provide their comments by 25 November 2024.
4. On 25 November 2024, the Parties provided their comments on the Draft PO4.
5. The transcript of the Hearing was circulated to the Parties and the Tribunal by the court reporter ([Redacted]) on 19 November 2024.
6. The Parties shall agree on corrections to the transcript of the Hearing and advise the Tribunal of disagreements, if any, by 29 November 2024. The Tribunal will then make a determination to resolve such disagreements.
7. The Parties shall file one simultaneous round of costs submissions by 9 December 2024.
8. The Parties’ costs submissions shall be limited to no more than 5 pages and shall include (i) a simple accounting of costs, identifying and quantifying the different categories of costs incurred in these proceedings until the date of such submissions, and (ii) brief submissions on entitlement to and allocation of costs.
9. In accordance with the Tribunal’s prior instructions, by emails of 8 and 11 November 2024, the Parties provided their joint proposal for Scenario 3 of the procedural calendar (Annex B) to Procedural Order No. 1 dated 5 September 2024.
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10. The Tribunal has accepted the proposal of the Parties and attaches as Annex A to this Procedural Order the revised procedural timetable applicable to this proceeding, including Scenarios 1 and 2, and the dates set out in this Order.
For and on behalf of the Tribunal,
Signature
Ms. Judith Levine
President of the Tribunal
Date: 25 November 2024
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| Item | Event | Date | Interval |
|---|---|---|---|
| 1. | Respondent’s Rule 41 Objection | 19 July 2024 | |
| 2. | First Session | 6 August 2024 | |
| 3. | Claimants’ Response to the Rule 41 Objection | 4 October 2024 | 77 days (from item 1) |
| 4. | Respondent’s Reply to the Rule 41 Objection | 21 October 2024 | 17 days |
| 5. | Claimants’ Rejoinder to the Rule 41 Objection | 7 November 2024 | 17 days |
| 6. | Parties to submit proposals for Rule 41 hearing schedule and time allocation | 12 November 2024 | 5 days |
| 7. | Hearing on the Rule 41 Objection via Zoom | 19 November 2024 | 12 days |
| 7a. | Parties to submit corrections to transcript | 29 November 2024 | 10 days |
| 7b. | Parties to submit costs submissions | 9 December 2024 | 10 days |
| 8. | Tribunal’s Decision or Award | Week of 20 January 2025 (indicative, as discussed at Hearing on Rule 41 Objection) | 60 days as per ICSID Rule 41(2)(e) |
| 9. | Claimants’ Memorial | 25 April 2025 | 95 (from item 8 if Tribunal decision issued on 20 January 2025) |
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| Claimants reserve right to seek an extension to this deadline if Tribunal’s Decision in item 8 is delayed beyond 8 Feb 2025 | |||
| 10. | Respondent’s Counter-Memorial and Objections to Jurisdiction | 25 July 2025 | 91 days |
| 11. | Parties’ Requests for Production of Documents | 8 August 2025 | 14 days |
| 12. | Parties’ Responses and/or Objections to Requests for Production of Documents | 29 August 2025 | 21 days |
| 13. | Parties’ Replies to Objections to Requests for Production of Documents | 12 September 2025 | 14 days |
| 14. | Parties’ Production of Documents which are not subject to Objections | 19 September 2025 | 21 days (from item 12) |
| 15. | Tribunal’s Decision on Objections to Requests for Production of Documents | 26 September 2025 | 14 days (from item 13) |
| 16. | Parties’ Production of Documents ordered by Tribunal | 10 October 2025 | 14 days |
| 17. | Case Management Conference | Week of 19 October 2025 | N/A |
| 18. | Claimants’ Reply and Counter-Memorial on Jurisdictional Objections | 14 November 2025 | 35 days (from item 16) |
| 19. | Respondent’s Rejoinder and Reply on Jurisdictional Objections | 16 February 2026 | 94 days |
| 20. | Claimants’ Rejoinder on Jurisdictional Objections | 2 April 2026 | 45 days |
| 21. | Parties to identify witnesses and experts for cross-examination at hearing | TBD | 4 weeks prior to hearing |
| 22. | Pre-hearing organizational meeting | TBD | 2 weeks prior to hearing |
| 23. | Hearing | Week of 25 May 2026 |
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| Item | Event | Date | Interval |
|---|---|---|---|
| 1. | Respondent’s Rule 41 Objection | 19 July 2024 | |
| 2. | First Session | 6 August 2024 | |
| 3. | Claimants’ Response to the Rule 41 Objection | 4 October 2024 | 77 days (from item 1) |
| 4. | Respondent’s Reply to the Rule 41 Objection | 21 October 2024 | 17 days |
| 5. | Claimants’ Rejoinder to the Rule 41 Objection | 7 November 2024 | 17 days |
| 6. | Parties to submit proposals for Rule 41 hearing schedule and time allocation | 12 November 2024 | 5 days |
| 7. | Hearing on the Rule 41 Objection | 19 November 2024 | 12 days |
| 7a. | Parties to submit corrections to transcript | 29 November 2024 | 10 days |
| 7b. | Parties to submit costs submissions | 9 December 2024 | 10 days |
| 8. | Tribunal’s Decision or Award | Week of 20 January 2025 (indicative, as discussed at Hearing on Rule 41 Objection) | 60 days as per ICSID Rule 41(2)(e) |
| 9. | Claimants’ Memorial | 25 April 2025 | 92 (from item 8 if Tribunal decision issued on 20 January 2025) Claimants reserve right to seek an extension to this deadline if Tribunal’s Decision in item 8 is delayed |
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| beyond 8 Feb 2025 | |||
| 10. | Respondent’s bifurcation request (Arbitration Rules 42 and 44) | 9 June 2025 | 45 days (from item 9) |
| 11. | Claimants’ observations to bifurcation request | 1 July 2025 | 22 days |
| 12. | Tribunal’s decision on bifurcation | 31 July 2025 | 30 days |
| 13. | Respondent’s Counter-Memorial and Objections to Jurisdiction | 13 October 2025 | 74 days (from item 12) |
| 14. | Parties’ Requests for Production of Documents | 27 October 2025 | 14 days |
| 15. | Parties’ Responses and/or Objections to Requests for Production of Documents | 10 November 2025 | 14 days |
| 16. | Parties’ Replies to Objections to Requests for Production of Documents | 24 November 2025 | 14 days |
| 17. | Parties’ Production of Documents which are not subject to Objections | 27 November 2025 | 17 days (from item 15) |
| 18. | Tribunal’s Decision on Objections to Requests for Production of Documents | 8 December 2025 | 14 days (from item 16) |
| 19. | Parties’ Production of Documents ordered by Tribunal | 22 December 2025 | 14 days |
| 20. | Case Management Conference | Week of 5 January 2026 | N/A |
| 21. | Claimants’ Reply and Counter-Memorial on Jurisdictional Objections | 26 January 2026 | 35 days (from item 19) |
| 22. | Respondent’s Rejoinder and Reply on Jurisdictional Objections | 24 April 2026 | 88 days |
| 23. | Claimants’ Rejoinder on Jurisdictional Objections | 29 May 2026 | 35 days |
| 24. | Parties to identify witnesses and experts for cross-examination at hearing | TBD | 4 weeks prior to hearing |
| 25. | Pre-hearing organizational meeting | TBD | 2 weeks prior to hearing |
| 26. | Hearing | Week of 15 June 2026 |
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| Item | Event | Date | Interval |
|---|---|---|---|
| 1. | Respondent’s Rule 41 Objection | 19 July 2024 | |
| 2. | First Session | 6 August 2024 | |
| 3. | Claimants’ Response to the Rule 41 Objection | 4 October 2024 | 77 days (from item 1) |
| 4. | Respondent’s Reply to the Rule 41 Objection | 21 October 2024 | 17 days |
| 5. | Claimants’ Rejoinder to the Rule 41 Objection | 7 November 2024 | 17 days |
| 6. | Parties to submit proposals for Rule 41 hearing schedule and time allocation | 12 November 2024 | 5 days |
| 7. | Hearing on the Rule 41 Objection | 19 November 2024 | 12 days |
| 7a. | Parties to submit corrections to transcript | 29 November 2024 | 10 days |
| 7b. | Parties to submit costs submissions | 9 December 2024 | 10 days |
| 8. | Tribunal’s Decision or Award | Week of 20 January 2025 (indicative, as discussed at Hearing on Rule 41 Objection) | 60 days as per ICSID Rule 41(2)(e) |
| 9. | Claimants’ Memorial | 25 April 2025 | 92 (from item 8 if Tribunal decision issued on 20 January 2025) Claimants reserve right to seek an extension to this deadline if Tribunal’s Decision in item 8 is delayed beyond 8 Feb 2025 |
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| Item | Event | Date | Interval |
|---|---|---|---|
| 10. | Respondent’s Bifurcation request (Arbitration Rules 42 and 44) | 9 June 2025 | 45 days (from item 9) |
| 11. | Claimants’ observations to bifurcation request | 1 July 2025 | 24 days |
| 12. | Tribunal’s decision on bifurcation | 31 July 2025 | 30 days |
| 13. | Respondent’s bifurcated objections | 11 September 2025 | 42 days |
| 14. | Claimants’ response to bifurcated objections | 23 October 2025 | 42 days |
| 15. | Respondent’s reply on bifurcated objections | 21 November 2025 | 29 days |
| 16. | Claimants’ rejoinder on bifurcated objections | 22 December 2025 | 31 days |
| 17. | Hearing on bifurcated objections | Week of 12 January 2026 | 21 days |
| 18. | Tribunal’s decision on bifurcated objections | Week of 13 July 2026 | 180 days after the last submission, in accordance with ICSID Arbitration Rules 44(3)(c) and 58(1)(b) |
| 19. | Respondent’s Counter-Memorial and Objections to Jurisdiction (if any others) | 13 October 2026 | 3 months (from item 18) |
| 20. | Parties’ Requests for Production of Documents | 27 October 2026 | 14 days |
| 21. | Parties’ Responses and/or Objections to Requests for Production of Documents | 10 November 2026 | 14 days |
| 22. | Parties’ Replies to Objections to Requests for Production of Documents | 24 November 2026 | 14 days |
| 23. | Parties’ Production of Documents which are not subject to Objections | 26 November 2026 | 30 days (from item 20) |
| 24. | Tribunal’s Decision on Objections to Requests for Production of | 8 December 2026 | 14 days (from item 22) |
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| Item | Event | Date | Interval |
|---|---|---|---|
| Documents | |||
| 25. | Parties’ Production of Documents ordered by Tribunal | 22 December 2026 | 14 days |
| 26. | Case Management Conference | Week of 4 January 2027 | N/A |
| 27. | Claimants’ Reply and Counter-Memorial on Jurisdictional Objections | 15 February 2027 | 55 days (from item 25) |
| 28. | Respondent’s Rejoinder and Reply on Jurisdictional Objections | 17 May 2027 | 91 days |
| 29. | Claimants’ Rejoinder on Jurisdictional Objections | 28 June 2027 | 42 days |
| 30. | Parties to identify witnesses and experts for cross-examination at hearing | 9 August 2027 | 4 weeks prior to hearing |
| 31. | Pre-hearing organizational meeting | Week of 23 August 2027 | 2 weeks prior to hearing |
| 32. | Hearing | Week of 6 September 2027 |