INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
Standard Chartered Bank (Hong Kong) Limited
v.
United Republic of Tanzania
(ICSID Case No. ARB/15/41)
Members of the Tribunal
Professor Lawrence Boo, President of the Tribunal
David Unterhalter, Arbitrator SC
Dr. Kamal Hossain, Arbitrator
Secretary of the Tribunal
Aurélia Antonietti
July 17, 2017
1. Procedural Order No. 2 issued on October 11, 2016 contained the following schedule:
- Claimant’s Memorial: December 16, 2016
- Respondent’s Counter-Memorial: June 16, 2017 (6 months from the Claimant’s Memorial)
- Claimant and Respondent to request production of documents from each other: July 7, 2017 (3 weeks from the Respondent’s Counter-Memorial)
- The Claimant and the Respondent to serve objections to document requests, stating the reasons therefore on the opposing party’s Redfern Schedule: July 21, 2017 (2 weeks from document requests)
- The Claimant and the Respondent to make any applications for document production orders: August 4, 2017 (2 weeks from objections to document requests)
- Tribunal’s ruling on document production applications: September 1, 2017 (4 weeks from document production applications)
- Production of documents (voluntary and as ordered by the Tribunal): September 22, 2017 (3 weeks from Tribunal’s order)
- Claimant’s Reply Memorial: October 19, 2017 (4 weeks from document production)
- Respondent’s Rejoinder Memorial: January 18, 2018 (13 weeks from the Claimant’s Reply Memorial)
2. On June 14, 2017, counsel for the Respondent requested a time extension of six weeks or at least one month to file its Counter-Memorial originally due on 16 June, 2017.
3. On June 19, 2017, the Tribunal decided to grant one-week extension to the Respondent to file its Counter-Memorial, which was thus due 10 days after the original date.
4. On June 26, 2017, the Respondent filed a Memorial on Objections to Jurisdiction and a Counter-Memorial on the Merits.
5. By emails of June 26 and 27, 2017, the Secretary of the Tribunal asked the Parties whether the schedule was to be extended by 10 days and whether a Rejoinder on jurisdiction was to be built into the schedule.
6. On July 7, 2017, the Tribunal took note of the Respondent’s letter of July 5 and the Claimant’s letter of July 6, 2017 on the schedule and the Rejoinder, and decided that the schedule should be postponed by 10 days to reflect the extension granted to the Respondent for the filing of its Counter-Memorial. The Tribunal also allowed the Claimant to file a Rejoinder on jurisdiction, which shall be strictly limited to answering issues of jurisdiction raised in the Respondent’s Reply of jurisdiction. The Parties were invited to revert to the Tribunal with a revised agreed schedule by July 12, 2017. The hearing dates of April 16-27, 2018 were to remain unchanged.
7. On July 12, 2017, the Claimant indicated on behalf of both Parties that they had agreed on a schedule but did not agree on a date for the Claimant’s Rejoinder on jurisdiction. The
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Respondent arguing that it should be filed on February 19, 2018, while the Claimant argued for March 12, 2018.
8. The Tribunal has now deliberated and decides that the Claimant’s Rejoinder on jurisdiction will be due on March 2, 2018.
9. Accordingly, the revised schedule is as follows:
| Action | Timetable in paragraph 14.2 of PO2 | Modified Timetable |
|---|---|---|
| Claimant and Respondent to request production of documents from each other | July 7, 2017 | July 17, 2017 |
| Claimant and Respondent to serve objections to document requests | July 21, 2017 | July 31, 2017 |
| Claimant and Respondent to make any applications for document production orders | August 4, 2017 | August 14, 2017 |
| Tribunal’s ruling on document production applications | September 1, 2017 | September 11, 2017 |
| Production of documents (voluntary and as ordered by the Tribunal) | September 22, 2017 | October 2, 2017 |
| Claimant’s Reply Memoria | October 19, 2017 | October 30, 2017 |
| Respondent’s Rejoinder Memorial | January 18, 2018 | January 29, 2018 |
| Claimant’s Rejoinder on Jurisdiction | N/A | March 2, 2018 |
| Pre-hearing organizational meeting | March 19, 2018 | March 19, 2018 |
| Hearing London | April 16-27, 2018 | April 16-27, 2018 |
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On behalf of the Tribunal
Signature
Lawrence Boo
President of the Tribunal
Date: July 17, 2017