(a) Fact Witness: The fact witness testifying during the Second Week Hearing shall be sequestered, as provided in Procedural Order No. 1, section 18, and Procedural Order No. 3, section 29.
(i) The fact witness shall provide his testimony while alone in a room containing a 360-degree camera provided by FTI ("Testimony Room").
(ii) The fact witness shall remain sequestered until his testimony is completed, including during breaks in the Hearing. During the breaks, the fact witness will be taken to a virtual waiting room ("Sequestration Waiting Room").
(iii) The Testimony Room shall contain only the following Hearing-related materials:
(1) A clean, unmarked copy of the witness' witness statement(s).
(2) The electronic equipment (computer, screens, camera, etc.) provided by FTI.
(iv) The fact witnesses shall not bring any other materials or electronic equipment (such as personal cell phones, tablets, etc.) into the Testimony Room.
(v) When Respondent's remaining fact witness provides his testimony at the GALA Law Firm, Claimants shall have an observer ("the Observer") present in the GALA Offices. While the fact witness will be alone in the Testimony Room when providing testimony, the Observer may:
(1) Inspect the Testimony Room just prior to the fact witness' testimony to ensure that only the materials and equipment described above in Section 21(a)(iii) are present.
(2) Remain outside the Testimony Room during the fact witness' testimony to ensure that no one enters the room.
(3) Observe that sequestration of the fact witness is maintained, and that the foregoing provisions of Section 21(a) of this Procedural Order are applied.
(vi) The fact witness will remain in the Sequestration Waiting Room to ensure that the witness is available in time to be brought into the Hearing Room. Once the fact witness is virtually brought into the Hearing Room by the ICSID Secretary at the instruction of the Tribunal, but before the witness takes the declaration and begins testifying, FTI shall present to the Hearing participants a full view of the Testimony Room using the 360-degree camera, allowing the Tribunal and participants to confirm that the witness is alone.
(b) Expert Witnesses : Expert witnesses shall not be sequestered, as was the case during the First Week Hearing.
(i) Expert witnesses shall provide their testimony while alone in a room containing a 360-degree camera provided by FTI ("Expert Testimony Room").
(ii) The Expert Testimony Room shall contain only the following Hearing-related materials:
(1) A clean, unmarked copy of the expert witness' report(s).
(2) A clean, unmarked copy of the expert witness' direct presentation.
(3) The electronic equipment (computer, screens, camera, etc.) provided by FTI (except in the case of Mr. Roy Pollitt who will be using electronic equipment provided by Shearman & Sterling).
(iii) Once an expert witness is virtually brought into the Hearing Room by the ICSID Secretary at the direction of the Tribunal, but before the expert witness takes the declaration and begins testifying, FTI shall present to the Hearing participants a full view of the Testimony Room using the 360-degree camera, allowing the Tribunal and the participants to confirm that the expert witness is alone.
only use that language and avoid switching interpretation channels. The witnesses and experts will be shown the corresponding declaration of ICSID Rule 35 in the language that has been indicated in Annex B.
Omega Engineering LLC and Oscar Rivera v. Republic of Panama (ICSID Case No. ARB/16/42) - Public Hearing
A second part of the hearing on jurisdiction, merits and damages in the above case is scheduled to take place virtually on October 13 to 16, 2020.
In accordance with Article 10.21(2) of the United States-Panama Trade Promotion Agreement (TPA) which entered into force on October 31, 2012, the hearing shall be open to the public, except to the extent necessary to ensure the protection of confidential information. The transcripts of the hearing will be uploaded to the ICSID website after the hearing.
Please continue to monitor our website for further announcements concerning the dates in which the transcripts will be posted on the ICSID website.
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