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Procedural Order No. 8

I. PROCEDURAL BACKGROUND

1.
On 23 November 2020, the Tribunal issued a Decision on the Bifurcated Jurisdictional Issue by which it dismissed the Respondent’s objection to jurisdiction based on Article 814(2) of the Free Trade Agreement between Canada and the Republic of Colombia.
2.
On 30 November 2020, the Tribunal advised the Parties of the subsequent procedural steps in the arbitration. In accordance with paragraph 26 of Procedural Order No. 4, the Respondent was to file any application to defer quantum briefing two weeks after the Decision on the Bifurcated Jurisdictional Issue (i.e., by Monday, 7 December 2020), and the Claimant was to file any response two weeks thereafter. In addition, both the application and the response were to address the issue of any schedule adjustments should quantum briefing not be deferred.
3.
By emails of 7 and 9 December 2020, the Parties requested extensions to the deadlines for the Respondent’s application to defer quantum briefing and for the Claimant’s response, which were granted by the Tribunal. In addition, by communication of 9 December 2020, the Parties requested the Tribunal to indicate its availability for a hearing in the second and third quarters of 2022. The Tribunal provided the Parties with the requested information on 14 December 2020.
4.
By emails of 16 and 18 December 2020, the Parties informed the Tribunal that they had reached agreement on the procedural schedule for the next phase of the proceedings and attached for the Tribunal’s consideration proposed amendments to Scenario 2 of Annex A of Procedural Order No. 2.
5.
The Tribunal approves the Parties’ proposed amendments to the procedural calendar, with one exception: the Tribunal is available to hold the pre-hearing organizational meeting on 13 July 2022, instead of the Parties’ proposed date of 14 July 2022.
6.
The Tribunal issues this Procedural Order No. 8, setting out the revised dates of the procedural calendar for this arbitration.

II. ORDER

7.
Scenario 2 of Annex A to Procedural Order No. 2 is hereby amended as follows:

PROCEDURAL SCHEDULE FOR THE PROCEEDINGS
DescriptionParty/TribunalPeriod of Time (from prior step)Date
Tribunal’s Decision on Jurisdiction Tribunal 23 November 2020
Determination of the Hearing date All - TBD (as soon as possible)
Respondent’s Memorial on Jurisdiction and Counter-Memorial on the Merits Respondent 24 weeks from Decision on Jurisdiction 13 May 2021
Requests for production of documents Claimant and Respondent 4 weeks 10 June 2021
Cut-off date to apply for leave to file a non-disputing party submission pursuant to Art. 831 of the FTA Non-Disputing Parties
Responses, including any objections, to requests for production, and production of non-objected documents Claimant and Respondent 4 weeks 8 July 2021
Responses to non-disputing party applications, if any Claimant and Respondent 1 week 15 July 2021
Reply to objections to requests for document production and transmittal of schedules to the Tribunal Claimant and Respondent 4 weeks 12 August 2021
Decision concerning applications from Non-Disputing Parties Tribunal
PROCEDURAL SCHEDULE FOR THE PROCEEDINGS
DescriptionParty/TribunalPeriod of Time (from prior step)Date
Deadline for Non-Disputing Party Submissions Non-Disputing Parties 2 weeks 26 August 2021
Decision by the Tribunal on parties’ requests for document production Tribunal 2 weeks 9 September 2021
Production of documents as ordered by the Tribunal Claimant and Respondent 4 weeks 7 October 2021
Claimant’s Reply on the Merits Claimant 16 weeks 27 January 2022
Respondent’s Reply on Jurisdiction and Rejoinder on the Merits Respondent 16 weeks 19 May 2022
Claimant’s Rejoinder on Jurisdiction Claimant 5 weeks 23 June 2022
Parties to exchange list of witnesses and experts to be cross-examined at the hearing Claimant and Respondent 1 week 30 June 2022
Additional witnesses called by the Tribunal to be cross-examined at the hearing Tribunal 1 week 7 July 2022
Pre-hearing organizational meeting (by telephone conference)All 6 days 13 July 2022
Hearing on the MeritsAll 8 weeks 7 September 2022 through 16 September 2022
Post-Hearing Memorials Claimant and Respondent Need and Timing TBD
Submissions on Costs Claimant and Respondent - TBD
PROCEDURAL SCHEDULE FOR THE PROCEEDINGS
DescriptionParty/TribunalPeriod of Time (from prior step)Date
Award/Decision Tribunal_ TBD

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