Members of the Tribunal
Prof. Zachary Douglas QC, President of the Tribunal
Mr. Fernando Piérola Castro, Arbitrator
Mr. Samuel Wordsworth QC, Arbitrator
Ms. Leah Waithira Njoroge, Secretary of the Tribunal
Attending /Participating on behalf of the Claimants:
Dr. Ezzat Youssef, Youssef Law Firm
Mrs. Dina Hafez, Youssef Law Firm
Mr. Amr Gamal, Youssef Law Firm
Ms. Soaad Zaki, Youssef Law Firm
Ms. Mona Magdi, Youssef Law Firm
Mr. Osama Badr, Youssef Law Firm
Attending / Participating on behalf of the Respondent:
Mr. Ed Poulton, Baker McKenzie
Mr. Steve Abraham, Baker McKenzie
Ms. Katia Finkel, Baker McKenzie
Ms. Katia Contos, Baker McKenzie
Ms. Marina Gaballah, Baker McKenzie
- The Draft Agenda circulated by the Tribunal Secretary on 26 May 2020;
- The Draft Procedural Order No. 1 circulated by the Tribunal Secretary on 26 May 2020; and
- The parties’ comments on the Draft Agenda and the Draft Procedural Order No. 1 received on 19 June 2020, indicating the items on which they agreed and their respective positions regarding the items on which they did not agree. Further exchanges of correspondence regarding the parties’ positions took place after this date, with the last piece of correspondence being circulated on 25 June 2020.
3.2.1. US$3,000 for each day of meetings or each eight hours of other work performed in connection with the proceedings or pro rata; and
3.2.2. Subsistence allowances, reimbursement of travel, and other expenses pursuant to ICSID Administrative and Financial Regulation 14.
Ms. Leah Waithira Njoroge
MSN C3-300 1818 H Street, N.W.
Washington, D.C. 20433
Tel.: + 1 (202) 473-7727
Fax: + 1 (202) 522-2615
Paralegal email: Ms. Colleen Ferguson, email@example.com
Dr. Ezzat A. M. Youssef
Villa 26, 1st District, Block 7
90th Street, 5th Settlement
Arab Republic of Egypt
Mr. Abdulrahim AlAwadhi
Ms. Dhuha AlSayer
Ms. Noura AlRoudan
Ms. AlZain AlSabah
Mr. Sulaiman AlFoudari
Department of Legal Advice and Legislation
Council of Ministers
Ahmad Al-Jaber Street
Al-Sharq – Kuwait City
State of Kuwait
Mr. Ed Poulton
Mr. Steve Abraham
Ms. Katia Finkel
Ms. Katia Contos
Baker & McKenzie LLP
100 New Bridge Street
London EC4V 6JA
+44 (0) 207 919 1000
12.5.1. submit by email to the Tribunal Secretary and the opposing party an electronic version of the pleading with witness statements, expert reports and an index of all supporting documentation;1 and
12.5.2. upload the pleading with all the supporting documentation and updated index to the file sharing platform that will be created by ICSID for purposes of this case.
For the avoidance of doubt, the electronic filing process indicated in this subparagraph is applicable both to the original language submission and to any subsequent translations agreed by the parties.
15.3.1. Should a party request leave to file additional or responsive documents, that party may not annex the documents that it seeks to file to its request.
15.3.2. If the Tribunal grants such an application for submission of an additional or responsive document, the Tribunal shall ensure that the other party is afforded sufficient opportunity to make its observations concerning such a document.
15.5.1. Exhibits shall be numbered consecutively throughout these proceedings.
15.5.2. The number of each Exhibit containing a document produced by Claimant shall be preceded by the letter "C-" for factual exhibits and "CL-" for legal exhibits containing authorities etc. The number for each Exhibit containing a document produced by Respondent shall be preceded by the letter "R-" for factual exhibits and "RL-" for legal exhibits containing authorities etc.
15.5.3. A party may produce several documents relating to the same subject matter within one Exhibit, numbering each page of such Exhibit separately and consecutively.
15.5.4. Exhibits shall also be submitted in PDF format and start with the number "C-0001" and "R-0001," respectively.
15.5.5. Electronic files and the accompanying indexes shall follow the naming conventions contained in Annex B.
17.4.1. The Tribunal will be in control of any examination of witnesses and experts and shall intervene as appropriate should any questions go beyond the scope of the witness’s knowledge or expert’s competence.
17.4.2. The witness statement of each witness and the expert report of each expert shall stand in lieu of the examination by the party producing the witness and expert ("direct examination"), subject to the provisions below.
17.4.3. Without leave of the Tribunal, direct examination of fact witnesses shall not exceed 15 minutes and shall be limited to the scope of prior testimony.
17.4.4. Without leave of the Tribunal, direct examination of experts shall not exceed 20 minutes and shall be limited to the scope of prior testimony. The direct examination of an expert may take the form of a presentation by the expert.
17.4.5. The direct examination of witnesses is followed by examination by the other party ("cross-examination"), and subsequently by the party producing the witness ("redirect examination").
17.4.6. The redirect examination shall be limited to matters raised in cross-examination.
17.4.7. The Tribunal may pose questions during or after the examination of any witness or expert.
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