For the Tribunal:
Prof. Gabrielle Kaufmann-Kohler, President of the Tribunal
Prof. Diego P. Fernández Arroyo, Arbitrator
Mr. Christer Söderlund, Arbitrator
Ms. Alicia Martín Blanco, Secretary of the Tribunal
Mr. David Khachvani, Assistant to the Tribunal
For the Claimant:
Mr. Pedro J. Martinez-Fraga (BCLP LLP)
Mr. C. Ryan Reetz (BCLP LLP)
Mr. Craig S. O'Dear (BCLP LLP)
Mr. Domenico Di Pietro (BCLP LLP)
Ms. Rachel Chiu (BCLP LLP)
Mr. Joaquín Moreno Pampín
For the Respondent:
Ms. Ana María Ordoñez Puentes (Agencia Nacional de Defensa Jurídica del Estado)
Mr. Andrés Felipe Esteban Tovar (Agencia Nacional de Defensa Jurídica del Estado)
Mr. Paolo Di Rosa (Arnold & Porter Kaye Scholer LLP)
Mr. Patricio Grané Labat (Arnold & Porter Kaye Scholer LLP)
Ms. Katelyn Horne (Arnold & Porter Kaye Scholer LLP)
i. To the extent possible, at least one participant per device or connection to be used at the Hearing should attend the trial run videoconference;
ii. Each participant should join the trial run videoconference with the same device(s) and internet connection and from the same physical location that he/she intends to use for the Hearing;
iii. All participants should join the trial run videoconference through the waiting room function and will follow the same identification procedure as for the Hearing itself;
iv. The trial run shall include a test of each of the functions of the videoconference platform that is intended to be used during the Hearing (e.g., presentation of documents via shared screen); and
v. The Parties shall not address the substance of any matter scheduled for discussion at the Hearing, but may raise before the Tribunal any procedural issues pertaining to the organization of the Hearing.
The September Hearing :
i. Day 1 (29 September 2020): Examination of Dr. Jorge Enrique Ibanez Najar.
The November Hearing :
i. Day 1 (9 November 2020): Claimant’s opening statement (2 hours) followed by Respondent’s opening statement (2 hours maximum). Day 1 will conclude with possible questions from the Tribunal.
ii. Day 2 (10 November 2020): examination of Dr. Briceno de Valencia.
iii. Day 3 (11 November 2020): Reserve time (if needed); otherwise day off.
iv. Day 4 (12 November 2020): Claimant’s closing arguments (2 hours maximum) followed by Respondent’s closing arguments (2 hours maximum); questions from the Tribunal to counsel and procedural discussion.
i. An audio-video recording of the Hearings will be made. The Hearings will be made publicly accessible by posting the recording on the ICSID website as soon as possible after the November Hearing.
ii. Before posting the recording on the ICSID website and in order to avoid public disclosure of protected information, the recording will be edited after the Hearings.
iii. At any time during the Hearings, a Party may request that a part of the Hearing be held in private and that protected information be excluded from the recording. To this effect, a Party shall inform the Tribunal before topics are raised (or immediately as they begin to be raised) which could reasonably be expected to address protected information. The Tribunal will then consult the Parties. Such consultations shall be held in camera and the transcript shall be marked "confidential". After consultation with the Parties, the Tribunal will decide whether to exclude the information in question from the recording and whether the relevant portion of the transcript shall be marked "confidential". The Parties will edit the recording and the transcript accordingly and send them to the Repository for publication. The Tribunal will decide if there is any disagreement.
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