Eco Oro v. Colombia

"1. The parties agree that they will file one round of written submissions as follows:

a. Claimant will file its First Submission within 120 days of the issuance of the Tribunal's Decision on 9 September 2021;

b. Respondent will file its Response Submission 120 days from the date on which Claimant filed its First submission.

2. The parties agree that the filing of a second round of written submissions is optional:

a. Claimant may, at its discretion, file a Reply Submission within [a specified period] of the date on which Respondent filed its Response Submission. Claimant will indicate whether it intends to exercise its right of response within 14 days of the filing of Respondent's Response Submission;

b. Insofar as Claimant has filed a Reply Submission, Respondent may, at its discretion, file a Rejoinder Submission within [a specified period] of the date on which Claimant filed its Reply Submission. Respondent will indicate whether it intends to exercise its right of response within 14 days of the filing of Claimant's Reply Submission.

c. A party's decision not to exercise its right of response does not imply that that party is in agreement with the arguments and allegations put forward by the opposing party in its last written submission.

d. The parties disagree on the deadlines for responsive submissions and will make separate proposals to the Tribunal in this regard.

3. The parties agree that their written submissions will only address the questions raised by the Tribunal in paragraphs 902, 913, 919 and 920 of the Decision, and in the case of any responsive submissions, the allegations put forward by the other party in its previous submission.

4. The parties disagree on whether additional evidence may be adduced with their submissions and will make separate proposals to the Tribunal in this regard.

5. The parties disagree on whether either party should have the right to request a hearing, and will make separate proposals to the Tribunal in this regard.

6. The parties shall send their respective proposals on the outstanding points referenced above to the ICSID Secretary only (without copying opposing counsel or the Tribunal) by COB on Tuesday 12 October 2021. The ICSID Secretary will then circulate both proposals simultaneously to the parties and the Tribunal."

"38.1. Eco Oro will file its First Submission within 120 days of the issuance of the Tribunal's Decision on 9 September 2021.

38.2. Colombia will file its Response Submission 120 days from the date on which Eco Oro filed its First Submission.

38.3. Eco Oro may, at its discretion, file a Reply Submission within 90 days of the date on which Colombia filed its Response Submission. Eco Oro will indicate whether it intends to exercise its right of response within 14 days of the filing of Colombia's Response Submission.

38.4. Insofar as Eco Oro has filed a Reply Submission, Colombia may, at its discretion, file a Rejoinder Submission within 90 days of the date on which Eco Oro filed its Reply Submission. Colombia will indicate whether it intends to exercise its right of response within 14 days of the filing of Eco Oro's Reply Submission.

38.5. A Party's decision not to exercise its right of response does not imply that that Party is in agreement with the arguments and allegations put forward by the opposing Party in its last written submission.

38.6. The Parties agree that their written submissions will only address the questions raised by the Tribunal in paragraphs 902, 913, 919 and 920 of the Decision,26 and in the case of any responsive submissions, the allegations put forward by the other Party in its previous submission.

38.7. The Parties may submit such additional evidence as the Parties each considers to be necessary in support of their further submissions addressing the Questions.

38.8. The Tribunal will determine whether an oral hearing will take place at the request of either of the Parties, such request to be made within 14 days from the date of the last written submission of the Parties. If the opposing Party does not consent to such application, it must make its reasoned objection within 14 days of the date on which the application is filed.

38.9. Subject to the provision in paragraph 38.8 above, following receipt of the Parties' additional submissions, the Tribunal will deliberate and proceed to render its award on damages."

"Pursuant to paragraph 38.3 of PO12, Claimant is scheduled to elect whether to exercise its right to make a Reply submission by 6 June 2022. The Tribunal's ruling on the present application may bear on Claimant's election. In the circumstances, Claimant therefore respectfully requests that the Tribunal revise Claimant's forthcoming deadline so that it may make its election by the later of 6 June or three business days following the Tribunal's ruling on the present application."

(i) the Tribunal's order in paragraph 38.7 of PO12 is clear and unequivocal when granting both Parties the right to "submit such additional evidence as the Parties each considers to be necessary in support of their further submissions addressing the Questions";

(ii) the history of the Parties' submissions leading up to PO12 makes clear that the Tribunal rejected the Claimant's position that further evidence should be limited to the issue of remediation, and in fact accepted the Respondent's submission that there should be no such restriction; and

(iii) even if there were any basis for Claimant's purported "understanding" of PO12, which Colombia denies, it would be prejudicial to Colombia to exclude the further factual evidence adduced by Colombia and to require Colombia to redact its Response Submission, whereas no prejudice to Claimant would be caused by admitting the documents.

37.1. The time-period for the filing of any Reply submissions on the Tribunal's Questions under paragraphs 38.3 or 38.4 of PO12 is reduced to 45 days.

37.2. The Claimant's request to strike the Respondent's further documents and associated parts of Respondent's Submission from the record is rejected.

37.3. By no later than three business days following the date of this Procedural Order (i.e., 30 June 2022), the Claimant is invited to comment on whether it wishes to submit additional evidence.

Date: 27 June 2022