INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
Lao Holdings N.V.
and
Sanum Investments Limited
v.
Lao People's Democratic Republic
(ICSID Case No. ARB(AF)/16/2)
(ICSID Case No. ADHOC/17/1)
(Revised Procedural Timetable)
Members of the Tribunal
Ms. Jean E. Kalicki, President of the Tribunal
Prof. Laurence Boisson de Chazournes, Arbitrator
Mr. Klaus Reichert, SC, Arbitrator
Secretary of the Tribunal
Mrs. Anneliese Fleckenstein
27 November 2017
[Page 1]
— WHEREAS Procedural Order No. 3, dated 14 November 2017, invited the Parties to consider three possible scenarios for restructuring these proceedings in light of the Tribunal’s admission of additional claims by Lao Holdings, and requested their comments with 10 days; and
— WHEREAS the Parties submitted their comments and respective scheduling proposals on 24 November 2017;
The Tribunal now issues the Revised Procedural Timetable shown in Annex A, leading to a hearing on all issues (both the original claims and the additional claims) between 8-17 January 2019. The Parties are urged to make all possible efforts to accommodate these particular hearing dates, in light of the Tribunal Members’ limited common availability on other dates in the same general timeframe for a hearing of this length. The Parties are requested to confirm these hearing dates as soon as possible but no later than 1 December 2017.
On behalf of the Tribunal,
[Signed]
Ms. Jean E. Kalicki
President of the Tribunal
Date: 27 November 2017
[Page 2]
| Description | Party / Tribunal |
Period | Date |
|---|---|---|---|
| Memorial on the Merits | Claimant | 1 Sept. 2017 | |
| Objection to Jurisdiction (based on Notices of Arbitration) | Respondent | 1 Sept. 2017 | |
| Revised Schedule following Procedural Order No. 3 | |||
| Counter-Memorial on Jurisdiction and the Merits (but not Quantum) (based on Memorial on the Merits) | Respondent | 23 March 2018 | |
| Request for Production of Documents | Parties | 3 weeks | 13 April 2018 |
| Objections to Requests for Production of Documents | Parties | 2 weeks | 27 April 2018 |
| Reply to Objections to the Request for Production of Documents – Stern Schedules Sent to Tribunal | Parties | 1 week | 4 May 2018 |
| Production of Documents as to Which No Objection Was Made | Parties | 3 weeks after decision not to object | 18 May 2018 |
| Decision on Objections to Request for Production of Documents | Tribunal | 2 weeks after Tribunal’s receipt of Stern Schedules | 18 May 2018 |
| Production of Documents Ordered by the Tribunal | Parties | 2 weeks after Tribunal decision | 1 June 2018 |
| Reply on Jurisdiction and the Merits (but not Quantum) | Claimant | 10 weeks | 10 August 2018 |
| Rejoinder on Jurisdiction and the Merits (but not Quantum) | Respondent | 10 weeks | 19 Oct. 2018 |
| Notification of Witnesses/Experts for Cross-Examination | Parties | 10 days after conclusion of the written phase | 29 Oct. 2018 |
| Call of Witnesses/Experts not Called by the Parties, if any | Tribunal | 1 week after parties’ notification | 5 Nov. 2018 |
[Page 3]
| Description | Party / Tribunal |
Period | Date |
|---|---|---|---|
| Pre-Hearing Organizational Meeting (by telephone) | Parties and Tribunal | 1 week after final witness notification | 12 Nov. 2018 |
| Hearing | All | 8 days maximum | 8-17 January 2019 |
| Post-Hearing Briefs if requested by the Tribunal | Parties | TBD | TBD |
| Statements on Costs | Parties | 30 days after conclusion of hearing |
TBD |