IN THE MATTER OF AN ARBITRATION UNDER CHAPTER ELEVEN OF THE NORTH
AMERICAN FREE TRADE AGREEMENT AND THE 1976 UNCITRAL ARBITRATION RULES
between
RESOLUTE FOREST PRODUCTS INC.
Claimant
and
GOVERNMENT OF CANADA
Respondent
(PCA CASE NO. 2016-13)
PROCEDURAL ORDER NO. 8
ON REVISED SCHEDULE FOR THE MERITS AND DAMAGES PHASE
ARBITRAL TRIBUNAL:
Judge James R. Crawford, AC (President)
Dean Ronald A. Cass
Dean Céline Lévesque
August 15, 2018
[Page 1]
1.1 The Tribunal issued Procedural Order No. 7 on Scheduling for the Merits and Damages Phase on March 23, 2018.
1.2 On June 22, 2018, the Disputing Parties advised the Tribunal that they were discussing a revised schedule for document disclosure.
1.3 On July 24, 2018, the Disputing Parties informed the Tribunal that they had conferred and reached agreement on a new proposed schedule, which followed “the same sequencing of events as the original schedule”. They presented the schedule to the Tribunal “for its review, approval and entry”.
2.1 The Tribunal approves the revised schedule agreed by the Disputing Parties for the Merits and Damages Phase, which shall now be as follows:
| Procedural Step | Date |
|---|---|
| A. Tribunal’s Procedural Order on the schedule for the Merits and Damages Phase | n/a |
| B. Exchange of requests for the production of documents | n/a |
| C. Objections to requests for the production of documents | n/a |
| D. Responses to objections to requests for the production of documents | n/a |
| E. Production of documents in response to undisputed document requests | July, 20 2018 |
| F. Submission of Redfern Schedule for disputed document requests / application to the Tribunal for Order on disputed requests for the production of documents | July 27, 2018 |
| Procedural Step | Date |
| G. Tribunal’s Order on the production of documents | August 31, 2018 |
| H. Production of documents as ordered by the Tribunal | September 28, 2018 |
| I. Claimant’s Memorial on the Merits and Damages | November 29, 2018 |
| J. Respondent’s Counter-Memorial on the Merits and Damages | February 4, 2018 |
| K. Exchange of additional requests for the production of documents. Each additional request should be the consequence of the pleadings and should identify with precision a statement, claim, or argument in the other Disputing Party’s pleading that warrants further discovery or additional documents. | March 6, 2019 |
| L. Objections to additional requests for the production of documents | March 20, 2019 |
| M. Production of documents in response to undisputed additional document requests Responses to objections to disputed additional document requests |
April 3, 2019 |
| N. Submission of Redfern Schedule for disputed document requests/ application to the Tribunal for Order on disputed requests for the production of documents | April 10, 2019 |
| O. Tribunal’s Order on the production of additional documents | April 24, 2019 |
| P. Production of additional documents as ordered by the Tribunal | May 8, 2019 |
| Q. Claimant’s Reply Memorial on the Merits and Damages | June 7, 2019 |
| R. Respondent’s Rejoinder Memorial on the Merits and Damages | July 22, 2019 |
| Procedural Step | Date |
| S. NAFTA Article 1128 Submissions and Amici Submissions/Applications | August 21, 2019 |
| T. Disputing Parties’ comments in response to Article 1128 Submissions and Amici Submissions/Applications | September 20, 2019 |
| U. Pre-hearing conference and List of Issues to the Disputing Parties per Article 22 of Procedural Order No. 1 | TBD |
| V. Hearing on the Merits and Damages | TBD |
2.2 As agreed by the Parties, each document production request should be the consequence of the pleadings and should identify with precision a statement, claim, or argument in the other Disputing Party’s pleading that warrants further discovery or additional documents.
Date: August 15, 2018
For the Arbitral Tribunal
Signature
Judge James R. Crawford, AC