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
10 October 2018
[Page 1]
1. By letter of 26 September 2018, Respondent filed a request for a 60-day extension of the deadline set out in Procedural Order No. 3 to submit its Counter-Memorial on the Merits and Memorial on Jurisdiction (the “Extension Request”).
2. By communication of 27 September 2018, the Tribunal invited Claimant to submit observations regarding the Extension Request. On 1 October 2018, Claimant submitted its observations regarding the Extension Request.
3. By communication of 2 October 2018, Respondent sought leave from the Tribunal to submit a brief response to Claimant’s letter of 1 October 2018. On the same date, the Tribunal granted Respondent’s request and invited Claimant to respond to Respondent’s submission no later than by 5 October 2018.
4. On 3 October 2018, Respondent submitted its observations regarding Claimant’s letter of 1 October 2018. Subsequently, on 5 October 2018, Claimant submitted its observations regarding Respondent’s letter of 3 October 2018.
5. On 8 October 2018, Respondent submitted an additional communication in connection with the Extension Request, to “bring to [the Tribunal’s] attention new material facts that occurred following [Respondent’s] letter of 3 October 2018.”
6. The Tribunal has reviewed and considered Respondent’s Extension Request, which is mainly based on alleged delays in the preparation of its Counter-Memorial on the Merits and Memorial on Jurisdiction arising out of a government transition process known as empalme, as well as Claimant’s arguments by which it objects to the Extension Request.
[Page 2]
7. The Tribunal does not favor procedural delays and it disapproves of persistent revisions to the timetable of the proceeding, which was originally set out in Procedural Order No. 1 of 30 November 2017 and later revised in Procedural Order No. 3 of 29 August 2018.
8. Nevertheless, in view of the seeming impossibility of the Respondent to be able to complete its filing in under sixty days, the Tribunal decides to grant the Extension Request.
9. The granting of Respondent’s Extension Request constitutes a final extension. In no circumstances will the Tribunal allow another extension for the filing of Respondent’s Counter-Memorial on the Merits and Memorial on Jurisdiction.
10. Claimant will be allowed the same 60-day extension for the filing of its Reply on the Merits and Counter-Memorial on Jurisdiction, if so required.
11. In view of the above, Annex A to Procedural Order No. 1 is hereby amended as follows:
Annex A – Procedural Calendar
Eco Oro Minerals Corp. v. Republic of Colombia
(ICSID Case No. ARB/16/41)
[...]
SCENARIO 3
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 | +60 days from 25 October 2018 |
24 December 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 | 31 December 2018 |
| Description | Party / Tribunal |
Period of Time | Due Date |
| Comments on the applications from Non-Disputing Parties seeking leave to file submissions | Parties | +21 days from applications from Non-Disputing Parties | 21 January 2019 |
| Requests for Production of Documents | Parties | +30 days from the Counter-Memorial on the Merits and Memorial on Jurisdiction | 23 January 2019 |
| Objections to Production Requests and Production of Uncontested Documents | Parties | +14 days from the Requests for Production of Documents | 6 February 2019 |
| 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 February 2019 |
| Responses to Objections to Production Requests | Parties | + 14 days from the Objections to Production Requests | 20 February 2019 |
| Ruling on Parties’ Requests for Production of Documents | Tribunal | + 14 days from Responses to Objections to Productions Requests | 6 March 2019 |
| Deadline to file Non-Disputing Party submission | Non-Disputing Parties | +30 days from the Tribunal’s Decision concerning applications from Non-Disputing Parties | 13 March 2019 |
| Document Production in accordance with the Tribunal’s Rulings | Parties | + 21 days from the Ruling on Parties’ Requests for Production of Documents | 27 March 2019 |
| Reply on the Merits and Counter-Memorial on Jurisdiction | Claimant | +[140/200] days from the Counter-Memorial on the Merits and Memorial on Jurisdiction | If no extension is requested by Claimant under paragraph 10 supra (“Option A”): 13 May 2019 If Claimant requests an extension under paragraph 10 supra (“Option B”): 12 July 2019 |
| Description | Party / Tribunal |
Period of Time | Due Date |
| Rejoinder on the Merits and Reply on Jurisdiction | Respondent | +140 days from the Reply on the Merits and Counter-Memorial on Jurisdiction | Option A: 30 September 2019 Option B: 29 November 2019 |
| Rejoinder on Jurisdiction | Claimant | +60 days from Rejoinder on the Merits and Reply on Jurisdiction | Option A: 29 November 2019 Option B: 28 January 2020 |
| Witness notification | Claimant & Respondent | 45 days before the Hearing | Option A: 6 December 2019 Option B: To be determined by the Tribunal, in consultation with the Parties (“TBD”) |
| Pre-Hearing Organizational Meeting | All | 30 days before the Hearing | Option A: 20 December 2019 Option B: TBD |
| Hearing | All | within 60 to 120 days from Rejoinder on Jurisdiction | Option A: in the period between 20-31 January 2020 Option B: TBD |
On behalf of the Tribunal,
[Signed]
Mrs. Juliet Blanch
President of the Tribunal
Date: 10 October 2018