• Copy the reference
  • Tutorial video
Source(s) of the individual document(s):

    Procedural Order No. 6

    [1].
    WHEREAS on 21 February 2020, the Arbitral Tribunal issued an Award Concerning the Preliminary Objections of the Russian Federation;
    [2].
    WHEREAS in the Award, the Arbitral Tribunal requested Ukraine to file a revised version of its Memorial, which shall take full account of the scope of, and limits to, the Arbitral Tribunal's jurisdiction as determined in the Award;
    [3].
    WHEREAS Article 10, paragraph 8, of the Rules of Procedure provides:

    The Arbitral Tribunal shall give its decision [on any preliminary objection] in the form of an award, by which it shall uphold the objection or reject it or declare that the objection does not possess, in the circumstances of the case, an exclusively preliminary character. If the Arbitral Tribunal rejects the objection or declares that it does not possess an exclusively preliminary character, it shall fix time-limits for the further proceedings.

    [4].
    THE ARBITRAL TRIBUNAL ISSUES THE FOLLOWING PROCEDURAL ORDER:

    1. The proceedings on the merits shall be resumed in accordance with Article 10, paragraph 8, of the Rules of Procedure.

    2. The procedural timetable for the further proceedings is fixed as follows:

    a. On or before 20 November 2020, Ukraine shall submit a revised version of its Memorial containing: a statement of any facts on which Ukraine relies; a statement of law; and the submissions of Ukraine.

    b. On or before 20 August 2021, the Russian Federation shall submit a Counter-Memorial containing: any further objections to jurisdiction and/or admissibility that the Russian Federation may wish to raise; an admission or denial of any facts alleged in the Memorial and a statement of any additional facts on which the Russian Federation relies; observations concerning the statement of law in the Memorial and the Russian Federation's statement of law in answer thereto; any counter-claim; and the submissions of the Russian Federation.

    c. On or before 20 January 2022, Ukraine may submit a Reply, including a Response to any further objections to jurisdiction and/or admissibility and to any counter-claim raised by the Russian Federation.

    d. On or before 20 June 2022, the Russian Federation may submit a Rejoinder, including a Reply to any Response on jurisdiction and/or admissibility and on any counter-claim submitted by Ukraine.

    e. In the event that the Russian Federation has raised further objections to jurisdiction and/or admissibility, or in the event that counter-claims are admitted, on or before 22 September 2022, Ukraine may submit a Rejoinder to any Reply on jurisdiction and/or admissibility and on any counter-claim submitted by the Russian Federation.

    3. The procedural timetable set out in Article 13 of the Rules of Procedure is amended accordingly.

    Subsequent citations of this document as a whole:
    Subsequent citations of this excerpt:
    Click on the text to select an element Click elsewhere to unselect an element
    Select a key word :
    1 /

    Instantly access the most relevant case law, treaties and doctrine.

    Start your Free Trial

    Already registered ?