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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES




Orla Mining Ltd.

v.

Republic of Panama

(ICSID Case No. ARB/24/27)


PROCEDURAL ORDER NO. 1


Members of the Tribunal
Mr. Yves Derains, President of the Tribunal
Prof. Dr. Horacio A. Grigera Naón, Arbitrator
Mr. Ignacio Torterola, Arbitrator

Secretary of the Tribunal
Mr. Francisco Abriani







20 December 2024

[Page 1]

Contents and Agenda for the First Session

1. Applicable Arbitration Rules ............................................................................................ 3
2. Constitution of the Tribunal and Tribunal Members' Declarations.................................. 3
3. Fees and Expenses of Tribunal Members ......................................................................... 3
4. Presence and Quorum ....................................................................................................... 4
5. Rulings of the Tribunal ..................................................................................................... 4
6. Power to Fix Time Limits ................................................................................................. 5
7. Secretary of the Tribunal .................................................................................................. 5
8. Representation of the Parties ............................................................................................ 6
9. Apportionment of Costs and Advance Payments to ICSID – Division of Advances ...... 6
10. Place of Proceeding and Hearings .................................................................................... 7
11. Procedural Language(s), Translation and Interpretation .................................................. 7
12. Routing of Communications ............................................................................................. 8
13. Number of Copies and Method of Filing of Parties' Pleadings........................................ 9
14. Number and Sequence of Pleadings – Procedural Calendar........................................... 10
15. Production of Documents ................................................................................................ 11
16. Submission of Documents ............................................................................................... 11
17. Witness Statements and Expert Reports .......................................................................... 13
18. Examination of Witnesses and Experts........................................................................... 13
19. Pre-Hearing Organizational Meetings ............................................................................. 14
20. Hearings .......................................................................................................................... 14
21. Recordings of Hearings and Sessions.............................................................................. 15
22. Post-Hearing Memorials and Statements of Costs.......................................................... 15
23. Transparency matters ...................................................................................................... 15
24. Data Privacy and Cybersecurity...................................................................................... 15
25. Amicable Dispute Settlement .......................................................................................... 16

Annex A – Electronic File Naming Guidelines........................................................................... 17

Annex B – Schedule ...................................................................................................................... 19

[Page 2]

Introduction

The first session of the Tribunal was held on November 29, 2024, at 10:00 a.m. Washington D.C. time, by video conference via Zoom. The session was adjourned at 11:05 a.m. Washington D.C. time.

A recording of the session was made and deposited in the archives of ICSID. The recording was distributed to the Members of the Tribunal and the Parties.

Participating in the conference were:

Members of the Tribunal:
Mr. Yves Derains, President of the Tribunal
Prof. Dr. Horacio A. Grigera Naón, Arbitrator
Mr. Ignacio Torterola, Arbitrator

ICSID Secretariat:
Mr. Francisco Abriani, Secretary of the Tribunal
Mr. Pedro Magariño, Paralegal

On behalf of the Claimant:
Mr. Michael J. Stepek, Winston & Strawn LLP
Mr. Matthew C. Bate, Winston & Strawn LLP
Mr. Charlotte Monroe, Winston & Strawn LLP

On behalf of the Respondent:
Dr. Margie-Lys Jaime, Ministry of Economy and Finances
Ms. Lexaira Arosemena, Ministry of Economy and Finances
Mr. Guillermo Rojas, Ministry of Economy and Finances

The Tribunal and the Parties considered the following:

Having considered the above documents and the Parties' views, the Tribunal now issues the present Order:

[Page 3]

Order

Pursuant to ICSID Arbitration Rules 27 and 29, this Procedural Order sets out the Procedural Rules that govern this arbitration. The timetable is attached as Annex B.

  1. Applicable Arbitration Rules
    Convention Article 44; Arbitration Rule 1

    1.1. These proceedings are conducted in accordance with the ICSID Arbitration Rules in force as of July 1, 2022.

  2. Constitution of the Tribunal and Tribunal Members' Declarations
    Arbitration Rule 21

    2.1. The Tribunal was constituted on October 7, 2024, in accordance with the ICSID Convention and the ICSID Arbitration Rules. The Parties confirmed that the Tribunal was properly constituted and that no party has any objection to the appointment of any Member of the Tribunal.

    2.2. The Members of the Tribunal timely submitted their signed declarations in accordance with ICSID Arbitration Rule 19(3)(b). Copies of these declarations were distributed to the Parties by the ICSID Secretariat upon acceptance of each arbitrator's appointment on August 9, August 30, and October 7, 2024, respectively.

    2.3. The Members of the Tribunal confirmed that they have sufficient availability during the next 24 months to dedicate to this case and that they will use best efforts to meet all time limits for orders, decisions and the Award, in accordance with ICSID Arbitration Rule 12(1).

  3. Fees and Expenses of Tribunal Members
    Convention Article 60; Administrative and Financial Regulation 14; ICSID Schedule of Fees; Memorandum on Fees and Expenses

    3.1. The fees and expenses of each Tribunal Member shall be determined and paid in accordance with the ICSID Schedule of Fees and the Memorandum on Fees and Expenses in force at the time the fees and expenses are incurred.

[Page 4]

  1. Presence and Quorum
    Arbitration Rule 33

    4.1. The participation of a majority of the members of the Tribunal by any appropriate means of communications is required at the first session, case management conferences, hearings and deliberations, except as otherwise provided in the Arbitration Rules or unless the Parties agree otherwise.

  2. Rulings of the Tribunal
    Convention Article 48(1); Arbitration Rules 10, 11(4), 12, 27 and 35

    5.1. Decisions of the Tribunal shall be taken by a majority of the Members of the Tribunal.

    5.2. Orders, decisions and the Award may be made by any appropriate means of communication.

    5.3. Orders, decisions and the Award may be signed electronically.

    5.4. The President is authorized to sign procedural orders and decisions on behalf of the Tribunal.

    5.5. When the matter is urgent, the President may decide procedural matters without consulting the other Members, subject to possible reconsideration of such decision by the full Tribunal.

    5.6. The Tribunal's orders and decisions shall indicate the reasons upon which they are made. The reasons may be minimal for non-controversial or minor procedural, administrative and organizational matters, e.g., extensions of time.

    5.7. The Tribunal will use best efforts to issue all rulings, including the Award, within the time limits prescribed by the ICSID Arbitration Rules. If the Tribunal cannot comply with an applicable time limit, it will advise the Parties of the special circumstances justifying the delay and the date when it anticipates rendering the ruling, in accordance with ICSID Arbitration Rule 12(2).

    5.8. Any ruling of the Tribunal, including the certified copy of the Award, will be dispatched electronically to the Parties.

[Page 5]

  1. Power to Fix Time Limits
    Arbitration Rules 10 and 11

    6.1. The President may exercise the Tribunal's power to fix and extend time limits for the completion of each procedural step in the proceeding under Arbitration Rules 10(1) and 11(3), in accordance with Arbitration Rules 10(3) and 11(4).

    6.2. In exercising the power to fix time limits under Arbitration Rule 10(1), the President shall consult with the Parties as far as possible. If the matter is urgent, the President may fix time limits without consulting the Parties, subject to possible reconsideration of such decision by the full Tribunal.

  2. Secretary of the Tribunal
    Administrative and Financial Regulation 28

    7.1. The Tribunal Secretary is Mr. Francisco Abriani, Legal Counsel, ICSID, or such other person as ICSID may notify the Tribunal and the Parties from time to time.

    7.2. To send copies of communications by email, mail, and courier/parcel deliveries to the ICSID Secretariat, the contact details are:

    Mr. Francisco Abriani
    ICSID
    MSN C3-300
    1818 H Street, N.W.
    Washington, D.C. 20433
    U.S.A.
    Tel.: + 1 (202) 473-0274
    Fax: + 1 (202) 522-2615
    Email: [email protected]
    Paralegal name: Mr. Pedro Magariño
    Paralegal email: [email protected]
    ICSID case address: ARB/24/[email protected]

    7.3. For local messenger deliveries, the contact details are:

    Mr. Francisco Abriani
    ICSID
    1225 Connecticut Ave. N.W.
    (World Bank C Building)
    3rd Floor
    Washington, D.C. 20036
    U.S.A.
    Tel.: +1 (202) 458-1534

[Page 6]

  1. Representation of the Parties
    Arbitration Rule 2

    8.1. Each party shall be represented by its counsel (below) and may designate additional agents, counsel, or advocates by notifying the Tribunal and the Tribunal Secretary promptly of such designation.

    For the Claimant For the Respondent
    Michael J. Stepek
    Matthew C. Bate
    Kseniya Elfimova
    Juliette Huard-Bourgois
    Agustin Spotorno
    Charlotte Monroe
    Winston & Strawn LLP
    c/o Level 33
    100 Bishopsgate
    London EC2N 4AG
    Ms. Ivette Martinez
    Dr. Margie-Lys Jaime Ramírez
    Ms. Lexaira Arosemena
    Mr. Guillermo Rojas
    Ministerio de Economía y Finanzas
    Edificio OGAWA, Vía España y calle
    52E Corregimiento de Bella Vista –
    Provincia de Panamá
    Tel. +44 20 7011 8700 Tel. (+507) 5066604
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]
    [email protected]

    8.2. The Tribunal may refuse designation of additional agents, counsel, or advocates if the designation would create a non-waivable conflict of interest with one or more members of the Arbitral Tribunal.

  2. Apportionment of Costs and Advance Payments to ICSID – Division of Advances
    Convention Article 61(2); Administrative and Financial Regulation 15; Arbitration Rule 50

    9.1. The Parties shall cover the direct costs of the proceeding in equal parts, without prejudice to the final decision of the Tribunal as to the allocation of costs.

    9.2. Following registration of the Request for arbitration, by letter of July 19, 2024, ICSID informed the Parties that US$300,000 will be necessary to cover the

[Page 7]

estimated costs of the initial phase of the proceeding through the first session of the Tribunal, as well as the subsequent phase, and requested that the Claimant pay US$150,000. ICSID received the Claimant's payment on August 13, 2024. Upon the constitution of the Tribunal, by letter of October 8, 2024, ICSID requested that the Respondent pay US$150,000. ICSID received the Respondent's payment on October 24, 2024.

9.3. ICSID shall request further advances as needed. Such requests shall be accompanied by a detailed interim statement of account.

  1. Place of Proceeding and Hearings
    Convention Articles 62 and 63; Arbitration Rule 32

    10.1. Washington, D.C. shall be the place of the proceeding.

    10.2. The Tribunal may hold in-person hearings at any other place that it considers appropriate after consultation with the Parties. The method of holding a hearing will be determined in accordance with Arbitration Rule 32(2) and section §20.2 below.

    10.3. The Tribunal members may deliberate at any place and by any appropriate means they consider convenient.

  2. Procedural Language(s), Translation and Interpretation
    Administrative and Financial Regulation 32; Arbitration Rule 7

    11.1. English and Spanish are the procedural languages of the arbitration.

    For Documents and Communications

    11.2. The Tribunal and the Secretariat may communicate in either procedural language.

    11.3. Any document (e.g. written requests, applications, pleadings, expert opinions, witness statements, or supporting documents) may be filed in either procedural language.

    11.4. Any documents in another language shall be accompanied by a translation into either procedural language, unless the Tribunal orders translation into both procedural languages. It is sufficient to translate only the relevant part of a supporting document, unless the Tribunal orders a party to provide a fuller or a complete translation.

[Page 8]

11.5. Translations need not be certified, unless the translation is disputed and the Tribunal orders a party to provide a certified translation.

11.6. Documents exchanged between the Parties pursuant to §15 below (Production of Documents) may be produced in the original language and need not be translated.

For Hearing

11.7. The Parties will notify the Tribunal as soon as possible, and no later than at the pre-hearing organizational meeting (see §19 below), which witnesses or experts require interpretation.

11.8. The Tribunal will, in consultation with the Parties, determine whether simultaneous interpretation into both procedural languages will be provided during the hearing.

11.9. The testimony of a witness who prefers to give evidence other than in the English/Spanish languages shall be interpreted simultaneously into either procedural language, unless the Tribunal orders interpretation into both procedural languages.

11.10. The costs of interpretation will be paid from the advance payments made by the Parties, without prejudice to the decision of the Tribunal as to which party shall ultimately bear those costs.

For Tribunal's Documents Except the Award

11.11. The Tribunal may make any order or decision in either procedural language.

For Tribunal's Award

11.12. The Tribunal shall render the award in English and Spanish simultaneously. Both language versions shall be equally authentic.

  1. Routing of Communications
    Arbitration Rule 6

    12.1. The ICSID Secretariat shall be the channel of written communications between the Parties and the Tribunal.

    12.2. Each party's written communications shall be transmitted by email or other electronic means to the opposing party and to the Tribunal Secretary, who shall send them to the Tribunal.

[Page 9]

12.3. Electronic versions of communications ordered by the Tribunal to be filed simultaneously shall be transmitted to the Tribunal Secretary only, who shall send them to the opposing party and the Tribunal.

12.4. The Tribunal Secretary shall not be copied on direct communications between the Parties when such communications are not intended to be transmitted to the Tribunal.

  1. Number of Copies and Method of Filing of Parties' Pleadings
    Arbitration Rules 4, 5 and 9

    13.1. By the relevant filing date, the Parties shall:

    13.1.1. submit by email to the Tribunal Secretary and the opposing party an electronic version of the pleading with witness statements, expert reports and an index of all supporting documentation;¹ and

    13.1.2. within two working days of the relevant filing date, upload the pleading with all the supporting documentation and updated index to the file sharing platform that has been created by ICSID for purposes of this case.²

    For the avoidance of doubt, the electronic filing process indicated in this subparagraph is applicable both to the original language submission and to any subsequent translations agreed by the Parties, unless the Parties agree otherwise.

    13.1.3. within five working days of the relevant filing date, deliver hard copies of their memorials (without witness statements, exhibits and legal authorities) along with USB drives containing the full submission (including witness statements, expert reports, exhibits and legal authorities) to Prof. Grigera Naón and Mr. Torterola. The USB drives shall contain external labels identifying the Parties and the ICSID case number, and be delivered to the following addresses:

    Prof. Dr. Horacio Grigera Naón
    5224 Elliott Road
    Bethesda, Maryland 20816
    USA
    +1-202-436-4877
    Mr. Ignacio Torterola
    1217 Ingleside Ave
    McLean, Virginia 22101
    USA
    +1-202-658-6199

    *****


¹ Please note that the World Bank server does not accept emails larger than 25 MB.
² Supporting documentation shall be uploaded as individual files, not in .zip format.

[Page 10]

13.2. Electronic files of pleadings, witness statements, expert reports, exhibits and legal authorities shall be text searchable (i.e., OCR PDF or Word).

13.3. All pleadings shall contain consecutively numbered paragraphs and shall be accompanied by a cumulative index of all the supporting documentation that the party has submitted up to the date of the pleading. The index shall indicate the document number, the pleading with which it was submitted and the language of the document, and shall follow the naming conventions contained in Annex A.

13.4. At the conclusion of the written phase of the proceeding, on a date to be determined by the Tribunal, or at any other time the Tribunal or the Secretariat so requests, the Parties shall upload to the file sharing platform, in a format that can be readily downloaded, an electronic copy of the entire case file (including pleadings, witness statements, expert reports, exhibits, legal authorities and Tribunal decisions and orders to date) with a consolidated hyperlinked index of all documents.³

13.5. The official date of receipt of a pleading or written communication shall be the day on which the electronic file is sent to the Tribunal Secretary by email.

13.6. A filing shall be deemed timely if sent by a party by midnight, Washington, D.C. time, on the relevant date. If a filing falls on a Saturday or Sunday, the relevant date is the subsequent business day.

  1. Number and Sequence of Pleadings – Procedural Calendar
    Arbitration Rule 30

    14.1. The number and sequence of pleadings, the hearing dates, and the time limits for the Tribunal's decisions are set out in the schedule attached to this Order at Annex B. Any modification to the procedural calendar will be reflected in the updated Annex B.

    14.2. The facts, the legal arguments and the requested petition will be submitted in the first pleadings of the Parties. The Parties should endeavor to meet their burden of proof in their first submissions and should not rely on subsequent submissions to provide evidence of unsupported allegations made in the first submissions. Subsequent submissions by the Parties will be limited to responding to the arguments that the counterparty has raised in its previous presentation.


³ To ensure the full operation of the hyperlinked index, the entire folder shall be housed within one folder and then uploaded to BOX as a single zip file. Should the size of the zip file make the upload to BOX impossible, the parties shall upload the organized folder to a designated sub-folder on to the BOX filesharing platform, in a sub-folder and including a consolidated (non-hyperlinked) index.

[Page 11]

  1. Production of Documents
    Convention Article 43(a); Arbitration Rules 5 and 36-40

    15.1. The parties shall be entitled to request the production of documents. The stages and dates of the production of documents phase are set out in Annex B to this Order and shall proceed using a Redfern Schedule in the form attached at Annex C to this Order.

    15.2. The IBA Rules on the Taking of Evidence in International Arbitration (2020) may be used by the Tribunal as non-binding guidelines in its decisions on production of documents.

    15.3. The Document requests per party shall be limited to the lowest possible number.

    15.4. The description of a document or category of documents shall include a date or date range, the allegation(s) to which the requested document or category of documents relate, and a reference to the pleading and/or the testimonial or expert statement that contains said allegation(s).

    15.5. Documents that are produced in accordance with this Section (whether voluntarily or by order of the Tribunal) will not be included in the record unless a party subsequently incorporates them as annexes to their submissions.

  2. Submission of Documents
    Convention Article 44; Arbitration Rule 5

    16.1. The Memorial and Counter-Memorial shall be accompanied by the documentary evidence relied upon by the Parties, including exhibits and legal authorities. Further documentary evidence relied upon by the Parties in rebuttal shall be submitted with the Reply and Rejoinder.

    16.2. The documents shall be submitted in the manner and form set forth in §13, above.

    16.3. Neither party shall be permitted to submit additional or responsive documents after the filing of its respective last written submission, unless the Tribunal determines that special circumstances exist based on a timely and reasoned written application followed by observations from the other party.

    16.3.1. Should a party request leave to file additional or responsive documents, that party may not annex the documents that it seeks to file to its request.

    16.3.2. If the Tribunal grants such an application for submission of an additional or responsive document, the Tribunal shall ensure that the other party is afforded sufficient opportunity to make its observations concerning such document.

[Page 12]

16.4. The Tribunal may call upon the Parties to produce documents or other evidence in accordance with ICSID Arbitration Rule 36(3).

16.5. Documents shall be submitted in the following form:

16.5.1. The number of each Exhibit containing a document produced by Claimant shall be preceded by the letter "C-" for factual exhibits and “CL-" for legal exhibits containing authorities etc. The number for each Exhibit containing a document produced by Respondent shall be preceded by the letter “R-” for factual exhibits and “RL-” for legal exhibits containing authorities etc.

16.5.2. Exhibits and legal authorities shall be numbered consecutively throughout these proceedings, commencing with “C-0001” and “R-0001,” and “CL-001" and “RL-001" respectively. The numbering shall also indicate the language of the document e.g. C-0001-ENG for a document submitted only in English, C-0001-SPA for a document submitted only in Spanish and C-0001-ENG/SPA for a document submitted simultaneously in English and Spanish. The number of the exhibit or legal authority shall appear on the first page of the document, and shall be incorporated into the file name in accordance with §16.5.4.

16.5.3. A party may produce several documents relating to the same subject matter within one Exhibit, numbering each page of such Exhibit separately and consecutively.

16.5.4. Electronic files and the accompanying indexes shall follow the naming conventions contained in Annex A.

16.6. Copies of documentary evidence shall be assumed to be authentic unless specifically objected to by a party, in which case the Tribunal will determine whether authentication is necessary.

16.7. The Parties shall file all documents only once by submitting them with their pleadings. Documents need not be resubmitted with witness statements even if referred to in such statements.

16.8. The Parties may use PowerPoint slides and demonstrative exhibits (such as charts, tabulations, etc. compiling information which is on record but not presented in such form), provided that they (i) identify the source in the record from which the information is derived, (ii) do not contain information not in the record.

16.9. An electronic copy of each demonstrative exhibit, other than PowerPoint slides, shall be distributed by the party intending to use it via an electronic mail sent to the entire case email distribution for each party, the Members of the Tribunals, the

[Page 13]

Tribunal Secretary, to the court reporter and to the interpreters as necessary by 6:00 p.m. of the day before of their use.

16.10. In addition, promptly after the conclusion of the hearing day on which the corresponding demonstrative exhibit is used, the Parties shall upload such demonstrative to the case folder in the BOX filesharing platform, designating each with the corresponding CD-___ or RD-___ number.

  1. Witness Statements and Expert Reports
    Convention Article 43(a); Arbitration Rule 38

    17.1. Witness statements and expert reports shall be filed together with the Parties' pleadings.

    17.2. Neither party shall be permitted to submit any testimony that has not been filed with the written submissions, unless the Tribunal determines that special circumstances exist based on a reasoned written request followed by observations from the other party (following the procedure outlined in §16.3).

    17.3. Each witness statement and expert report shall be signed and dated by the witness.

  2. Examination of Witnesses and Experts
    Arbitration Rule 38

    18.1. Arbitration Rules 38 and 39 shall govern the examination of witnesses and experts, provided that any procedure under Rule 39 is subject to the consent of both Parties.

    18.2. In the event that a Party does not request to cross-examine any of the witnesses or experts presented by the other Party, the Tribunal may request the presence of the witness or expert on its own initiative or at the request of a Party for good cause shown.

    18.3. The scope of cross-examination shall be circumscribed to the content of the witness statement and all matters that naturally arise from the content of the witness statement and are within the direct knowledge of the witness. In case a Party wishes to cross-examine a witness on other matters that are within his/her knowledge, it must indicate it at the time it notifies the other Party that it will call that witness for cross-examination on these other matters. This provision applies to witnesses only, not to experts.

    18.4. Re-direct examination, if any, will be limited to the scope of the cross-examination.

[Page 14]

18.5. Fact witnesses will not be permitted to be present in the hearing room prior to giving testimony.

  1. Pre-Hearing Organizational Meetings
    Arbitration Rule 31

    19.1. A pre-hearing organizational meeting shall be held at a date determined by the Tribunal after consultation with the Parties. It shall comprise a teleconference or videoconference between the Tribunal, or its President, and the Parties and should address any outstanding procedural, administrative, and logistical matters (including modality of interpretation and transcription) in preparation for the hearing.

    19.2. At a date to be determined by the Tribunal, and in any event no later than the date of the pre-hearing conference, the Parties shall submit to the Tribunal jointly – or, where they are unable to agree, separately – a proposal regarding a daily schedule for the hearing.

  2. Hearings
    Arbitration Rule 32

    20.1. The oral procedure shall consist of a hearing for examination of witnesses and experts, if any, and for oral arguments.

    20.2. The hearing may be held in-person or by any other means of communication as determined by the Tribunal after consultation with the Parties. An in-person hearing shall be held at a place to be determined in accordance with §10 above.

    20.3. Having due regard to the views of the Parties and the specific circumstances of the case, including any relevant travel or public health/security restrictions, the Tribunal may decide to hold a hearing remotely or in a hybrid form.

    20.4. The hearing shall take place on the dates set forth in Annex B to this Order.

    20.5. The Members of the Tribunal shall reserve at least one day after the hearing to determine the next steps and to hold deliberations.

    20.6. The allocation of time between the Parties shall be determined during the pre-hearing organizational meeting provided for in the schedule at Annex B to this Order.

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  1. Recordings of Hearings and Sessions
    Arbitration Rule 29(4)(i)

    21.1. Recordings shall be made of all hearings and sessions. The recordings shall be provided to the Parties and the Tribunal Members.

    21.2. Verbatim transcript(s) in the procedural language(s) shall be made of any hearing and session other than sessions on procedural issues. Unless otherwise agreed by the Parties or ordered by the Tribunal, the verbatim transcripts shall, if possible, be available in real-time and electronic transcripts shall be provided to the Parties and the Tribunal on a same-day basis.

    21.3. The Parties shall agree on any corrections to the transcripts within 45 days of the later of the dates of the receipt of the sound recordings and transcripts. The agreed corrections may be entered by the court reporter in the transcripts (“revised transcripts"). The Tribunal shall decide upon any disagreement between the Parties and any correction adopted by the Tribunal shall be entered by the court reporter in the revised transcripts.

  2. Post-Hearing Memorials and Statements of Costs
    Convention Article 44; Arbitration Rules 51

    22.1. The Tribunal shall decide the necessity and timing of any post-hearing submissions following the conclusion of the final hearing.

    22.2. Following the conclusion of the proceedings, each party shall submit to the Tribunal a statement of its costs and a written submission on the allocation of costs in accordance with Arbitration Rule 51.

  3. Transparency matters
    Convention Article 48(5), Arbitration Rules 62-66

    23.1. The Parties agree that the transparency regime governing these proceedings is dealt with in Procedural Order No. 2.

  4. Data Privacy and Cybersecurity

    24.1. The Members of the Tribunal, the Parties and their representatives acknowledge that the processing of their personal data is necessary for the purposes of this arbitration proceeding.

[Page 16]

24.2. The Members of the Tribunal, the Parties and their representatives agree to comply with all applicable data protection and privacy regulations, including providing appropriate notice to data subjects whose personal data will be processed in the arbitration proceeding, where necessary. Should compliance with applicable law require action from another participant in the arbitration proceeding, the Parties are invited to bring that to the attention of that other participant and/or to apply to the Tribunal for specific data protection measures to be put in place.

24.3. The Parties and their representatives shall ensure that the storage and exchange of the personal data processed in this arbitration is protected by way of appropriate technical and organizational safeguards.

  1. Amicable Dispute Settlement

    25.1. The Tribunal notes that the Parties may seek to reach an amicable settlement of all or part of the dispute, including through mediation under the ICSID Mediation Rules, at any time in the proceeding. If the Parties settle the dispute in full, they may request that the Tribunal embody their settlement in its Award, pursuant to ICSID Arbitration Rule 55(2).

On behalf of the Tribunal,

Signature


Yves Derains
President of the Tribunal
Date: 20 December 2024

[Page 17]

Annex A – Electronic File Naming Guidelines

Please follow these guidelines when naming electronic files and for the accompanying Consolidated Hyperlinked Index. The examples provided (in italics) are for demonstration purposes only and should be adapted to the relevant phase of the case.

All pleadings and accompanying documentation shall indicate the LANGUAGE in which they are submitted (e.g. SPA=Spanish; FR=French; ENG= English). Such indication should be reflected both i) in the name used to identify each individual electronic file and ii) in the Consolidated Hyperlinked Index (which shall be attached to each submission).

For cases with a single procedural language, the “LANGUAGE” designation may be omitted, except for documents in a language other than the procedural language and the corresponding translations.

SUBMISSION TYPE ELECTRONIC FILE NAMING GUIDELINES
MAIN PLEADINGS Title of Pleading–LANGUAGE
Memorial on Jurisdiction-FR
Counter-Memorial on the Merits and Memorial on Jurisdiction-SPA
Reply on Annulment-FR
Rejoinder on Quantum-ENG
SUPPORTING DOCUMENTATION C-####-LANGUAGE
R-####-LANGUAGE

To be produced sequentially throughout the case.
Exhibits CLAIMANT'S FACTUAL EXHIBITS
C-0001-ENG
C-0002-SPA
RESPONDENT'S FACTUAL EXHIBITS
R-0001-FR
R-0002-SPA
Legal Authorities CL-####-LANGUAGE
RL-####-LANGUAGE

To be produced sequentially throughout the case.
CLAIMANT'S LEGAL AUTHORITIES
CL-0001-ENG
CL-0002-FR
RESPONDENT'S LEGAL AUTHORITIES
RL-0001-SPA
RL-0002-ENG
Witness Statements Witness Statement-Name of Witness-Name of Submission-LANGUAGE
Witness Statement-Maria Jones-Memorial on Jurisdiction-SPA
Witness Statement-Maria Jones-Reply on Jurisdiction-[Second Statement]-ENG
Expert Reports Expert Report-Name of Expert-Type-Name of Submission-LANGUAGE
Expert Report-Lucia Smith-Valuation-Memorial on Quantum-ENG
Expert Report-Lucia Smith-Valuation-Reply on Quantum-[Second Report]-ENG
Legal Opinions Legal Opinion-Name of Expert-Name of Submission-LANGUAGE
Legal Opinion-Tom Kaine-Counter-Memorial on the Merits-FR
Legal Opinion-Tom Kaine-Rejoinder on the Merits-[Second Opinion]-FR
Exhibits to
Witness Statements,
Expert Reports,
WITNESS/EXPERT INITIALS-###
For exhibits filed with the Witness Statement of [Maria Jones]
MJ-0001

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Legal Opinions MJ-0002
For exhibits filed with the Legal Opinion of [Tom Kaine]
TK-0001
TK-0002
For exhibits filed with the Expert Report of [Lucia Smith]
LS-0001
LS-0002
INDICES Consolidated Hyperlinked Index
Index of Exhibits-C-#### to C-####
Index of Exhibits-C-0001 to C-0023
Index of Legal Authorities-RLA-### to RLA-###
Index of Legal Authorities-RLA-0001 to RLA-0023
OTHER APPLICATIONS Name of Application–[Party]-LANGUAGE
Preliminary Objections under Rule 41(5)-SPA
Request for Bifurcation-ENG
Request for Provisional Measures-[Respondent]-SPA
Request for Production of Documents-[Claimant]-SPA
Request for Stay of Enforcement-FR
Request for Discontinuance-[Claimant]-ENG
Post-Hearing Brief-[Claimant]-SPA
Costs Submissions-[Respondent]-ENG
Observations to Request for [XX]-[Claimant]-SPA

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Annex B – Schedule

Description By Interval (Days) Date
First Session All 0 29 November 2024
Memorial on Liability and Quantum with any Witness Statement(s) and Expert Report(s) Claimant 120 days 28 March 2025
Counter-Memorial on Liability & Quantum with any Witness Statement(s) and Expert Report(s) (including any objections to jurisdiction) Respondent 120 days 25 July 2025
Parties' Requests for Production of Documents Parties 21 days 15 August 2025
Parties' Responses and/or Objections to Requests for Production of Documents Parties 21 days 5 September 2025
Production of documents voluntarily produced and Parties' Exchange of Replies to Objections on Documents Parties 21 days 26 September 2025
Tribunal's Decision on Objection to Requests for Production of Documents Tribunal 30 days 27 October 2025
Parties' Production of Documents Ordered by the Tribunal Parties 21 days 17 November 2025
Reply on Liability & Quantum with any Reply Witness Statements and Expert Reports (including Reply to any objection to jurisdiction) Claimant 90 days 16 February 2026

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Description By Interval (Days) Date
Rejoinder on Liability & Quantum with any Rejoinder Witness Statements and Expert Reports Respondent 90 days 18 May 2026
Rejoinder on Jurisdiction [if required] Claimant 60 days 17 July 2026
Witness Notifications (Parties inform each other of the witnesses they intend to call at the hearing) Parties 60 days before the Hearing 17 September 2026
Pre-Hearing Conference All 30 days before the Hearing 19 October 2026
Hearing All TBD 16 – 27 November 2026
Review and Correction of Hearing Transcripts Parties 45 days (after the end of the Hering) TBC
Exchange of Post-Hearing Briefs Parties TBD
Exchange of Submissions on Costs Parties TBD
Closure of Proceedings All TBD
Final Award Tribunal TBD