PCA CASE NO

Similar documents
PCA Case No

PCA Case No

DAVID AVEN ET AL. V. THE REPUBLIC OF COSTA RICA (UNCT/15/3) PROCEDURAL ORDER NO 2. On the Respondent s Request for Bifurcation

PCA Case No

IN THE MATTER OF AN ARBITRATION UNDER. -and-

Burimi S.R.L. and Eagle Games SH.A. Claimants. Republic of Albania Respondent. ICSID Case No. ARB/11/18

PERMANENT COURT OF ARBITRATION COUNTER-MEMORIAL OF LANCE PAUL LARSEN

Decision on the Respondent s Application for Bifurcation

PCA CASE N AA GUARACACHI AMERICA, INC. (U.S.A.) 2. RURELEC PLC (UNITED KINGDOM) V. PLURINATIONAL STATE OF BOLIVIA

PCA Case No

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. Gabriel Resources Ltd. and Gabriel Resources (Jersey) Ltd. Romania

AND CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT ( NAFTA ) PROCEDURAL ORDER ON TWO DISPUTED ISSUES DATED 6 FEBRUARY 2015 (English Text)

PROCEDURAL ORDER No. 2 (Revised) May 31, Glamis Gold, Ltd., Claimant v. The United States of America, Respondent

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. Unión Fenosa Gas, S.A. Arab Republic of Egypt. (ICSID Case No.

Procedural Order No. 3

Initial Pre-hearing Conference Scheduling Order in the Matter of:

RULES FOR ARBITRATION BETWEEN THE BANK FOR INTERNATIONAL SETTLEMENTS AND PRIVATE PARTIES

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. Claimant. Respondent. (ICSID Case No. ARB/xx/xxx) [DRAFT] PROCEDURAL ORDER NO.

No FRANCE and NEW ZEALAND. Supplementary Agreement relating to an arbitral tribunal. Signed at New York on 14 February 1989

CONVENTION ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

International Centre for Settlement of Investment Disputes Washington, D.C. In the proceedings between

PCA Case No

RULES OF THE INDEPENDENT ARBITRATION SCHEME FOR THE GLASS & GLAZING INDUSTRY September 2015 Edition

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. ACP Axos Capital GmbH. Republic of Kosovo. (ICSID Case No. ARB/15/22)

PCA Case No and - THE UNCITRAL ARBITRATION RULES between - ICS INSPECTION AND CONTROL SERVICES LIMITED (UNITED KINGDOM)

IN THE MATTER OF THE INDUS WATERS KISHENGANGA ARBITRATION. -before-

- and - UNCITRAL ARBITRATION RULES between - ULYSSEAS, INC. Claimant. and THE REPUBLIC OF ECUADOR

PCA Case Nº IN THE MATTER OF THE ARCTIC SUNRISE ARBITRATION. - before -

Siemens v Argentina, ICSID Case No. ARB/02/8, Award

GOVERNMENT OF CANADA

ORDER NO September 2010

THE RENCO GROUP, INC. V. REPUBLIC OF PERU (UNCT/13/1) PROCEDURAL ORDER NO. 1

JURISDICTION AND LOCAL RULES. Constitution, laws or treaties of the United States. 28 U.S.C.A This is called federal

Poštová banka, a.s. and ISTROKAPITAL SE v. Hellenic Republic (ICSID Case No. ARB/13/8) Procedural Order No. 1

Model Rules on Arbitral Procedure 1958

Preamble. i. 1. Aims and objectives Application Timetable Statement of Claim; Counterclaim Statement of Defence...

LOCAL RULES OF PRACTICE FOR CIVIL SUPERIOR COURT CASES JUDICIAL DISTRICT 22A ALEXANDER AND IREDELL COUNTIES REVISED January 2015

REQUEST FOR QUALIFICATIONS INFORMATION

N O T E. The Course on Dispute Settlement in International Trade, Investment and Intellectual Property consists of forty modules.

ARBITRATION RULES OF THE COMMON COURT OF JUSTICE AND ARBITRATION

No Official texts: English and French. Registered by the United Kingdom of Great Britain and Northern Ireland on 21 September 1967.

Dispute Resolution Around the World. Russia

Arbitration Agreement

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. Lao Holdings N.V. Lao People's Democratic Republic. (ICSID Case No.

CHAPTER 9 INVESTMENT. Section A: Investment

Procedural Order (PO) No.1

MEMORANDUM OF SUBMISSIONS

CHAPTER 9 INVESTMENT. Section A

SECTION 1 INTRODUCTORY RULES...

Understanding the Unified Patent Court: The Next Rocket-Docket for Patent Owners?

2010 No. 791 COPYRIGHT

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. Sanum Investments Limited. Lao People's Democratic Republic (ADHOC/17/1)

ARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties

PROCEDURAL ORDER NO. 12

COUR INTERNATIONALE DE JUSTICE RECUEIL DES ARRETS, AVIS CONSULTATIFS ET ORDONNANCES INTERNATIONAL COURT OF JUSTICE

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. Eco Oro Minerals Corp. Republic of Colombia. (ICSID Case No.

SCC PRACTICE NOTE. Emergency Arbitrator Decisions Rendered ANJA HAVEDAL IPP. STOCKHOLM, June 2017

NASSAU COUNTY BAR ASSOCIATION MEDIATION AND ARBITRATION PANELS ARBITRATION RULES

Rules Of Arbitration Of The Alternative Dispute Resolution Tribunal Of The Bar Association Of Nassau County, N.Y., Inc.

- BETWEEN - 1. THE CHANNEL TUNNEL GROUP LIMITED 2. FRANCE-MANCHE S.A. - AND -

PHOENIX NATURAL GAS LTD. DISTRIBUTION NETWORK CODE MODIFICATION RULES

ICDR INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION ARBITRATION RULES

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

No. 2012/23 16 July Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal)

(ICSID Case. No. UNCT/18/3) PROCEDURAL ORDER No. 1

FINRA Dispute Resolution Arbitrator Training. Motions to Dismiss Training Module Release Date August 2010 (Rule Effective Date February 23, 2009)

IN THE MATTER OF AN ARBITRATION UNDER CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT AND THE UNCITRAL ARBITRATION RULES

REVISED AS OF MARCH 2014

ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013)

THE COURTS ACT. Rules made by the Chief Justice, after consultation with the Rules Committee and the Judges, under section 198 of the Courts Act

AND THE GOVERNMENT OF. The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of,

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

Box 16050, Stockholm, Sweden Phone: ,

DISPUTE RESOLUTION RULES

2. The Russian Judicial System

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. Carnegie Minerals (Gambia) Limited. Republic of The Gambia

RULES OF INTERNATIONAL COMMERCIAL ARBITRATION

IN THE COMMONWEALTH SECRETARIAT ARBITRAL TRIBUNAL DR JOSEPHINE OJIAMBO THE COMMONWEALTH SECRETARIAT

ARTICLE 11 GRIEVANCE AND ARBITRATION

PART 1 SCOPE AND INTERPRETATION...

A11Y LTD. CZECH REPUBLIC. (ICSID Case No. UNCT/15/1) PROCEDURAL ORDER NO. 9 Organization of the Hearing

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. Lao Holdings N.V. and Sanum Investments Limited. Lao People's Democratic Republic

Arbitration Act of United Kingdom United Kingdom of Great Britain and Northern Ireland

Saudi Center for Commercial Arbitration King Fahad Branch Rd, Al Mutamarat, Riyadh, KSA PO Box 3758, Riyadh Tel:

International Centre for Settlement of Investment Disputes Washington, D.C. Tokios Tokelės (Claimant) v. Ukraine (Respondent) Case No.

L 347/74 Official Journal of the European Union

ARTICLE NN GRIEVANCE and ARBITRATION PROCEDURES

EHRA NON-FACULTY GRIEVANCE PROCEDURES OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL

Box 16050, Stockholm, Sweden Phone: ,

Case 2:18-cv KOB Document 49 Filed 02/12/19 Page 1 of 7

ARBITRATORS INDEPENDENCE AND IMPARTIALITY: A REVIEW OF SCC BOARD DECISIONS ON CHALLENGES TO ARBITRATORS ( )

EU Referendum Bill B I L L. Provide for a referendum about the United Kingdom s future relationship with the European Union.

National Patent Board Non-Binding Arbitration Rules TABLE OF CONTENTS

PCA Case No. AA and - THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW, between -

NASD CODE OF ARBITRATION PROCEDURE FOR INDUSTRY DISPUTES

FOREIGN TRADE ARBITRATION LAW. Chapter I General provisions

INTERNATIONAL CENTRE FOR THE SETTLEMENT OF INVESTMENT DISPUTES. ICSID CASE No. ARB/11/13. Rafat Ali Rizvi (Claimant)

Procedural Order No 21. Procedural Order No 21 (Procedure on further document production, privilege claims and related matters)

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. Standard Chartered Bank (Hong Kong) Limited. United Republic of Tanzania

Annex IX Regulations governing administrative review, mediation, complaints and appeals

Transcription:

PCA CASE NO. 2011-17 IN THE MATTER OF AN ARBITRATION UNDER A. THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA CONCERNING THE ENCOURAGEMENT AND RECIPROCAL PROTECTION OF INVESTMENT B. THE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA FOR THE PROMOTION AND PROTECTION OF INVESTMENTS C. THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL) -between- 1. GUARACACHI AMERICA, INC. 2. RURELEC PLC (the Claimants ) THE PLURINATIONAL STATE OF BOLIVIA (the Respondent, and together with the Claimants, the Parties )

Page 2 of 5 PROCEDURAL ORDER NO. 8 9 October 2012 A. RESPONDENT S REQUEST AND THE ARBITRAL TRIBUNAL S RESPONSE 1. Pursuant to Procedural Order No. 7, the Arbitral Tribunal decided to modify the schedule for submissions on the merits. However, such extension did not apply to the schedule for submissions on jurisdiction foreseen in Procedural Order No. 6. Accordingly, the schedule for submissions on the merits as well as on jurisdiction was set as follows: a) On 5 October 2012, the Respondent shall file a Response on the merits; b) On 15 October 2012, the Claimants shall file a Counter-Memorial on Jurisdiction; c) On 31 October 2012, the Respondent may file a Reply on Jurisdiction; d) If a Reply has been filed, the Claimants may file a Rejoinder on Jurisdiction on 15 November 2012; e) Once the Parties have fully pleaded the jurisdictional issues in accordance with the above schedule, the Tribunal will decide whether (i) to bifurcate the proceedings and hold specific hearings on the jurisdictional issues, (ii) to refuse the requested bifurcation and therefore to decide on its own jurisdiction following the scheduled hearings on the merits, or (iii) to decide on its jurisdiction without the need for any hearing; f) On 4 January 2013, the Claimants shall file Reply on the merits; g) On 13 February 2013, the Respondent shall file a Rejoinder on the merits; h) On 14 March 2013, each Party shall provide, with a copy to the Tribunal and the PCA: (a) the names of the witnesses whose statement or report has been submitted by the other Party with the request that they be available for cross-examination at the hearing; and (b) as the case may be, a request for the Tribunal to permit the appearance at the hearing of witnesses whose statement or report has been submitted by the Party. The Tribunal shall rule on any outstanding issue in connection with the appearance of witnesses by, at or soon after the pre-hearing conference call.

Page 3 of 5 2. By letter dated 4 October 2012, the Respondent, following unsuccessful negotiations with the Claimants, requested an extension of 10 days, until Monday, 15 October, to the deadline to file its Response on the merits. According to the Respondent, its request is justified by the following facts: (1) the Respondent is obliged to respond to new claims filed in an untimely manner by the Claimants, which claims are highly technical, making it impossible for its expert to finish his work; and (2) the Respondent only received the electronic damages model prepared by the Claimants expert on 29 August 2012. Consequently, its expert has only had one month and one week to prepare the corresponding reply report. The Respondent also notes that the requested extension would not interfere with the Claimants preparation of their Counter-Memorial on Jurisdiction and, finally, the Respondent states that it would be willing to give up 10 days for the preparation of its Rejoinder, in the event that the Arbitral Tribunal were to reject the request for bifurcation of the proceedings. 3. By e-mails of the same date, the Arbitral Tribunal acknowledged receipt of the Respondent s request and communicated its decision to accept, as a strict and final extension, the Respondent s request and the consequences suggested by the Respondent with respect to the reduction of the period for filing its Rejoinder. B. CLAIMANTS ANSWER AND REQUEST 4. By subsequent e-mail dated 4 October 2012, the Claimants regretted that they were not given the opportunity to comment on the Respondent s extension request before the Tribunal decided upon it. In that regard, the Claimants noted that: (1) the Respondent has had the Statement of Claim since 1 March 2012 and was also aware of the mutuallyagreed schedule for submissions since December 2011; and, (2) the four extensions requested by the Respondent for the filing of its Response have required the cancellation of various meetings scheduled by the Claimants resulting in additional costs and inconvenience. 5. On the other hand, the Claimants note that, in accordance with the prior schedule set forth in Procedural Order No. 7, they would have received the Response 10 days before their Counter-Memorial on Jurisdiction was due. Therefore, they requested that the Arbitral Tribunal grant an extension of 10 days from receipt of the Response, i.e., until 26 October 2012. The Claimants argued that this extension would not affect any subsequent deadlines. C. RESPONDENT S RESPONSE TO THE CLAIMANTS REQUEST AND RESPONDENT S SECOND REQUEST 6. By e-mail dated 4 October 2012, the Respondent observed that, contrary to the Claimants allegation, granting the extension requested by them would indeed affect subsequent deadlines as, in accordance with Procedural Order No. 6, the Respondent must file its Reply on Jurisdiction on 31 October 2012 (5 days after receiving the Counter-Memorial on

Page 4 of 5 Jurisdiction according to the date proposed by the Claimants), whereas the Respondent should be granted until Monday, 9 November 2012 to file its Reply on Jurisdiction. However, this would be impossible due to the Respondent s representatives attendance at a hearing taking place from 8 to 17 November. Thus, the Respondent requests that, should the extension be granted to the Claimants, the Arbitral Tribunal grant it until 23 November 2012 for the filing of its Reply on Jurisdiction. D. CLAIMANTS RESPONSE TO THE RESPONDENT S SECOND REQUEST 7. By e-mail dated 5 October 2012, the Claimants informed the Arbitral Tribunal that they did not object to the Respondent s proposed date for the filing of the Reply on Jurisdiction, provided that the deadline for the filing of the Claimants Rejoinder on Jurisdiction was extended until 17 December 2012. E. DECISION 8. In view of the Parties comments, the Arbitral Tribunal decides to accept, as a strict and final extension, the Respondent s request that the deadline for the filing of its Response be extended until 15 October 2012, together with the consequences suggested by the Respondent with respect to the reduction of the period for filing its Rejoinder. Likewise, the Arbitral Tribunal accepts the compromise reached by the Parties with respect to the extensions for the filing of their submissions on jurisdiction. Accordingly, the new schedule for submissions on the merits as well as on jurisdiction, shall be as follows: a) On 15 October 2012, the Respondent shall file their Response on the merits; b) On 26 October 2012, the Claimants shall file their Counter-Memorial on Jurisdiction; c) On 23 November 2012, the Respondent may file a Reply on Jurisdiction; d) If a Reply has been filed, the Claimants may file a Rejoinder on Jurisdiction on 17 December 2012; e) Once the Parties have fully pleaded the jurisdictional issues, as set forth in the above calendar, the Tribunal will decide whether (i) to bifurcate the proceedings and hold specific hearings on the jurisdictional issues, (ii) to refuse the requested bifurcation and therefore to decide on its own jurisdiction following the scheduled hearings on the merits, or (iii) to decide on its jurisdiction without the need for any hearing; f) On 13 January 2013, the Claimants shall file Reply on the merits; g) On 13 February 2013, the Respondent shall file a Rejoinder on the merits; h) On 14 March 2013, each Party shall provide, with a copy to the Tribunal and the PCA: (a) the names of the witnesses whose statement or report has been submitted by the other