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INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

Continental Gold Inc.

v.

Republic of Colombia

(ICSID Case No. ARB/24/25)


PROCEDURAL ORDER NO. 3
Revised Procedural Calendar


Members of the Tribunal
Prof. Dr. Klaus Sachs, President of the Tribunal
Ms. Elisabeth Eljuri, Arbitrator
Ms. Loretta Malintoppi, Arbitrator

Assistant to the Tribunal
Mr. Marcus Weiler

Secretary of the Tribunal
Ms. Elisa Méndez Bräutigam

14 April 2025

[Page 1]

I. PROCEDURAL BACKGROUND

1. On 4 and 7 April 2025, the Parties advised the Tribunal that they had agreed to several modifications to the procedural calendar.

2. On 9 April 2025, the Tribunal informed the Parties that it agreed in principle with the proposed modifications, except for the deadline for the decision on the Parties’ document production requests under scenario 1. The Tribunal invited the Parties to submit a new calendar taking into account a new deadline for this procedural step and any adjustments to the subsequent deadlines that the Parties might consider necessary.

3. On 9 and 10 April 2025, the Parties provided a revised procedural calendar.

II. DECISION

4. The Tribunal hereby adopts the Parties’ revised procedural calendar as reflected below in Annex A.

On behalf of the Tribunal,

Signature

Professor Dr. Klaus Sachs
President of the Tribunal
Date: 14 April 2025

[Page 2]

ANNEX A - REVISED PROCEDURAL CALENDAR

SCENARIO 1: NO REQUEST FOR BIFURCATION

Description By Days Dates
Initial Phase
First Procedural Meeting All 5 March 2025
Memorial, with any Witness Statement(s) and Expert Report(s) Claimant 86 (336 days after the RfA) 30 May 2025
Counter-Memorial, including any objection to the Tribunal’s jurisdiction and/or counterclaim, with any Witness Statement(s) and Expert Report(s) Respondent 150 27 October 2025
Document Production Phase
Request to Produce Claimant and Respondent 28 24 November 2025
Production of Non-Objected Documents and Objections to Produce Claimant and Respondent 21 15 December 2025
Response to Objections to Produce and reasoned applications for an order on production of documents in the form of a Stern Schedule (Annex C) Claimant and Respondent 21 5 January 2026
Decision on Request to Produce Tribunal 21 2 February 2026
Production as ordered Claimant and Respondent 21 23 February 2026
Additional Written Pleadings
Reply with any Reply Witness Statement(s) and Expert Report(s) Claimant 60 24 April 2026
Rejoinder with any Rejoinder Witness Statement(s) and Expert Report(s) Respondent 90 23 July 2026
Rejoinder on Jurisdictional Objections with any Rejoinder Witness Statement(s) and Expert Report(s) (if applicable) Claimant 45 6 September 2026

[Page 3]

Oral Pleading Phase
Notification of witnesses and experts for the examination at the Hearing Claimant and Respondent Six weeks prior to the Hearing Q4 2026
Submission of a joint proposal on a daily schedule for the Hearing Claimant and Respondent Five weeks prior to the Hearing
Pre-hearing organizational conference All Four weeks prior to the Hearing
Hearing All

SCENARIO 2: BIFURCATION IS REQUESTED AND DENIED

Description By Days Dates
Initial Phase
First Procedural Meeting All 5 March 2025
Memorial, with any Witness Statement(s) and Expert Report(s) Claimant 86 (336 days after the RfA) 30 May 2025
Respondent’s Identification of Preliminary Objections and Request for Bifurcation Respondent 40 9 July 2025
Claimants’ Response to the Request for Bifurcation Claimant 40 18 August 2025
Tribunal’s Decision on Bifurcation Tribunal 45 2 October 2025
Counter-Memorial, including any objection to the Tribunal’s jurisdiction and/or counterclaim, with any Witness Statement(s) and Expert Report(s) Respondent 150 (+7 days Christmas break) 8 March 2026
Document Production Phase
Request to Produce Claimant and Respondent 28 5 April 2026

[Page 4]

Production of Non-Objected Documents and Objections to Produce Claimant and Respondent 21 26 April 2026
Response to Objections to Produce and reasoned applications for an order on production of documents in the form of a Stern Schedule (Annex C) Claimant and Respondent 21 17 May 2026
Decision on Request to Produce Tribunal 21 7 June 2026
Production as ordered Claimant and Respondent 21 28 June 2026
Additional Written Pleadings
Reply with any Reply Witness Statement(s) and Expert Report(s) Claimant 60 27 August 2026
Rejoinder with any Rejoinder Witness Statement(s) and Expert Report(s) Respondent 90 25 November 2026
Rejoinder on Jurisdictional Objections with any Rejoinder Witness Statement(s) and Expert Report(s) (if applicable) Claimant 45 (+7 days Christmas break) 16 January 2027
Oral Pleading Phase
Notification of witnesses and experts for the examination at the Hearing Claimant and Respondent Six weeks prior to the Hearing Q1-Q2 2027
Submission of a joint proposal on daily schedule for the Hearing Claimant and Respondent Five weeks prior to the Hearing
Pre-hearing organizational conference All Four weeks prior to Hearing
Hearing All

[Page 5]

SCENARIO 3: BIFURCATION IS REQUESTED AND GRANTED

Description By Days Dates
Initial Phase
First Procedural Meeting All 5 March 2025
Memorial, with any Witness Statement(s) and Expert Report(s) Claimant 86 (336 days after the RfA) 30 May 2025
Respondent’s Identification of Preliminary Objections and Request for Bifurcation Respondent 40 9 July 2025
Claimants’ Response to the Request for Bifurcation Claimant 40 18 August 2025
Tribunal’s Decision on Bifurcation Tribunal 45 2 October 2025

If the Tribunal grants bifurcation, a further procedural calendar will be set for the first phase and, depending on its outcome – for the second phase (if any) of this arbitration