INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
Continental Gold Inc.
v.
Republic of Colombia
(ICSID Case No. ARB/24/25)
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
28 May 2025
[Page 2]
On 22 May 2025, the Parties advised the Tribunal that they had agreed to move the deadline for the Claimant’s Memorial to 10 July 2025, and to adjust all deadlines following the Claimant’s Memorial accordingly.
The Parties further informed the Tribunal that the Claimant had agreed not to object to the Respondent seeking and receiving a similar 41-day extension for a future procedural submission upon its request, on the understanding that the Respondent (i) will provide reasonable notice (i.e., at least 2 weeks) of such extension, (ii) will not seek an extension of the deadline for a simultaneous submission by the Parties; and (iii) will not seek an extension in a manner that would affect the hearing dates once they have been set.
The Tribunal hereby adopts the Parties’ revised procedural calendar as reflected below in Annex A with minor adjustments to account for holidays. The Tribunal notes that in Procedural Order No. 3 the deadline for the Tribunal’s decision on the Parties’ document production request under scenario no. 1 was set for 28 days after the Parties’ responses to the objections to produce, instead of 21 days, as originally provided for in Procedural Order No. 1. The Tribunal has made the necessary adjustments in Annex A below to keep the 21-day interval.
On behalf of the Tribunal,
[Signed]
Professor Dr. Klaus Sachs
President of the Tribunal
Date: 28 May 2025
[Page 3]
| Description | By | Days | Dates |
|---|---|---|---|
| Initial Phase | |||
| First Procedural Meeting | All | 5 March 2025 | |
| Memorial, with any Witness Statement(s) and Expert Report(s) | Claimant | 127 (377 days after the RfA) |
10 July 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 December 2025 |
| Document Production Phase | |||
| Request to Produce | Claimant and Respondent |
28 | 4 January 2026 |
| Production of Non-Objected Documents and Objections to Produce | Claimant and Respondent |
21 | 25 January 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 | 15 February 2026 |
| Decision on Request to Produce | Tribunal | 21 | 8 March 2026 |
| Production as ordered | Claimant and Respondent |
21 | 29 March 2026 |
| Additional Written Pleadings | |||
| Reply with any Reply Witness Statement(s) and Expert Report(s) | Claimant | 67 | 4 June 2026 |
| Rejoinder with any Rejoinder Witness Statement(s) and Expert Report(s) | Respondent | 90 | 2 September 2026 |
| Rejoinder on Jurisdictional Objections with any Rejoinder Witness Statement(s) and Expert Report(s) (if applicable) | Claimant | 45 | 17 October 2026 |
[Page 4]
| Oral Pleading Phase | |||
| Notification of witnesses and experts for the examination at the Hearing | Claimant and Respondent |
Six weeks prior to the Hearing |
|
| 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 | Q1 2027 | |
| Description | By | Days | Dates |
|---|---|---|---|
| Initial Phase | |||
| First Procedural Meeting | All | 5 March 2025 | |
| Memorial, with any Witness Statement(s) and Expert Report(s) | Claimant | 127 (377 days after the RfA) |
10 July 2025 |
| Respondent’s Identification of Preliminary Objections and Request for Bifurcation | Respondent | 40 | 19 August 2025 |
| Claimants’ Response to the Request for Bifurcation | Claimant | 40 | 28 September 2025 |
| Tribunal’s Decision on Bifurcation | Tribunal | 45 | 12 November 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) |
18 April 2026 |
| Document Production Phase | |||
| Request to Produce | Claimant and Respondent |
28 | 16 May 2026 |
[Page 5]
| Production of Non-Objected Documents and Objections to Produce | Claimant and Respondent |
21 | 6 June 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 | 27 June 2026 |
| Decision on Request to Produce | Tribunal | 21 | 18 July 2026 |
| Production as ordered | Claimant and Respondent |
21 | 8 August 2026 |
| Additional Written Pleadings | |||
| Reply with any Reply Witness Statement(s) and Expert Report(s) | Claimant | 60 | 7 October 2026 |
| Rejoinder with any Rejoinder Witness Statement(s) and Expert Report(s) | Respondent | 90 (+7 days Christmas break) |
12 January 2027 |
| Rejoinder on Jurisdictional Objections with any Rejoinder Witness Statement(s) and Expert Report(s) (if applicable) | Claimant | 45 days | 26 February 2027 |
| Oral Pleading Phase | |||
| Notification of witnesses and experts for the examination at the Hearing | Claimant and Respondent |
Six weeks prior to the Hearing |
|
| 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 | Q2 2027 | |
[Page 6]
| Description | By | Days | Dates |
|---|---|---|---|
| Initial Phase | |||
| First Procedural Meeting | All | 5 March 2025 | |
| Memorial, with any Witness Statement(s) and Expert Report(s) | Claimant | 127 (377 days after the RfA) |
10 July 2025 |
| Respondent’s Identification of Preliminary Objections and Request for Bifurcation | Respondent | 40 | 19 August 2025 |
| Claimants’ Response to the Request for Bifurcation | Claimant | 40 | 28 September 2025 |
| Tribunal’s Decision on Bifurcation | Tribunal | 45 | 12 November 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