INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
| Eco Oro Minerals Corp. | Claimant |
| v. | |
| Republic of Colombia | Respondent |
(ICSID Case No. ARB/16/41)
Members of the Tribunal
Mrs. Juliet Blanch, President of the Tribunal
Professor Horacio A. Grigera Naón, Arbitrator
Professor Philippe Sands, Arbitrator
Secretary of the Tribunal
Mrs. Ana Constanza Conover Blancas
Assistant to the President of the Tribunal
Mr. João Vilhena Valério
29 August 2018
[Page 1]
1. By emails of 17 and 20 August 2018, the Parties informed the Tribunal that they had agreed to propose to the Tribunal amendments to Scenario 3 of Annex A to Procedural Order No. 1 regarding the timetable for the remaining procedural steps in the arbitration. In addition, the Parties proposed to reserve the last two weeks of January 2020 (i.e., 20-31 January 2020) for the hearing, “subject to determining at a later date, in consultation with the Parties and the Tribunal, whether the full two-week period will be required for the hearing.”
2. By communication of 20 August 2018, the Tribunal invited the Parties to confirm, by 24 August 2018, their availability to hold the pre-hearing organizational meeting set out in Section 20 of Procedural Order No. 1 on 20 December 2019 (rather than 23 December 2019, as proposed by the Parties). In addition, concerning Section 21.2 of Procedural Order No. 1, the Tribunal invited the Parties to confirm, by 24 August 2018, that it was their agreement to hold the hearing in Washington, D.C.
3. By emails of 24 August 2018, the Parties confirmed their availability to hold the pre-hearing organizational meeting on 20 December 2019, as well as their agreement to hold the hearing in Washington, D.C.
4. The Tribunal confirms its availability to hold a hearing in the period between 20 to 31 January 2020 and approves the amendments to Scenario 3 of Annex A to Procedural Order No. 1 proposed by the parties in their communications of 17 and 20 August 2018, including the revised date for the pre-hearing organizational meeting confirmed by the Parties on 24 August 2018. The Tribunal issues this Procedural Order No. 3, memorializing such amendments.
[Page 2]
5. Annex A to Procedural Order No. 1 is hereby amended as follows:
[...]
The following timetable shall apply in the event that objections to jurisdiction are made in response to the memorial on the merits, and there is a request for bifurcation which is refused.
| Description | Party / Tribunal |
Period of Time | Due Date |
|---|---|---|---|
| Counter-Memorial on the Merits and Memorial on Jurisdiction | Respondent | +119 days from Decision Refusing Bifurcation | 25 October 2018 |
| Cut-off date for submission of applications for leave to file a Non-Disputing Party submission | Non-Disputing Parties | +5 days from Counter-Memorial on Merits and Memorial on Jurisdiction | 30 October 2018 |
| Comments on the applications from Non-Disputing Parties seeking leave to file submissions | Parties | +21 days from applications from Non-Disputing Parties | 20 November 2018 |
| Requests for Production of Documents | Parties | +30 days from the Counter-Memorial on the Merits and Memorial on Jurisdiction | 26 November 2018 |
| Objections to Production Requests and Production of Uncontested Documents | Parties | +14 days from the Requests for Production of Documents | 7 December 2018 |
| Decision concerning applications from Non-Disputing Parties | Tribunal | +21 days from the Parties’ Comments on the applications from Non-Disputing Parties seeking leave to file submissions | 11 December 2018 |
| Responses to Objections to Production Requests | Parties | + 14 days from the Objections to Production Requests | 21 December 2018 |
| Ruling on Parties’ Requests for Production of Documents | Tribunal | + 14 days from Responses to Objections to Productions Requests | 7 January 2019 |
| Deadline to file Non-Disputing Party submission | Non-Disputing Parties | +30 days from the Tribunal’s Decision concerning applications from Non-Disputing Parties | 10 January 2019 |
| Document Production in accordance with the Tribunal’s Rulings | Parties | + 21 days from the Ruling on Parties’ Requests for Production of Documents | 28 January 2019 |
| Reply on the Merits and Counter-Memorial on Jurisdiction | Claimant | +140 days from the Memorial on Jurisdictional Objections and Counter-Memorial on the Merits | 14 March 2019 |
| Rejoinder on the Merits and Reply on Jurisdiction | Respondent | +140 days from the Counter-Memorial on Jurisdictional Objections and Reply on the Merits | 1 August 2019 |
| Rejoinder on Jurisdiction | Claimant | +60 days from Reply on Jurisdictional Objections and Rejoinder on the Merits | 30 September 2019 |
| Witness notification | Claimant & Respondent | 45 days before the Hearing | 6 December 2019 |
| Pre-Hearing Organizational Meeting | All | 30 days before the Hearing | 20 December 2019 |
| Hearing | All | within 60 to 120 days from Rejoinder on Jurisdictional Objections | in the period between 20-31 January 2020 |
[Page 4]
6. The hearing provided for in Section 21 of Procedural Order No. 1 will be held in Washington, D.C. from 20 to 31 January 2020, subject to determining at a later date, in consultation with the Parties and the Tribunal, whether the full two-week period will be required for the hearing.
On behalf of the Tribunal,
[Signed]
Mrs. Juliet Blanch
President of the Tribunal
Date: 29 August 2018