Members of the Tribunal
Dr. Andrés Rigo Sureda, President of the Tribunal
Sr. José Martínez de Hoz, Arbitrator
Professor Philippe Sands, Arbitrator
Ms. Catherine Kettlewell, Secretary of the Tribunal
Participating on behalf of the Claimant:
Mr. Jonathan C. Hamilton, White & Case LLP
Mr. John Dalebroux, White & Case LLP
Participating on behalf of the Respondent:
Mr. Fernando Mantilla-Serrano, Latham & Watkins LLP
Mr. John Adam, Latham & Watkins LLP
Mr. Diego Romero, Latham & Watkins LLP
Ms. Paloma García Guerra, Latham & Watkins LLP
Ms. Ana María Ordóñez Puentes, Director of International Legal Defense, Agencia Nacional de Defensa Jurídica del Estado, Republic of Colombia
Mr. Juan Sebastián Torres Oliver, Defense Attorney, Agencia Nacional de Defensa Jurídica del Estado, Republic of Colombia
Mr. Charles Roberts
Ms. Silvia Colla
- The Draft Agenda circulated by the Tribunal Secretary on 2 May 2019 .
- The Draft Procedural Order circulated by the Tribunal Secretary on 2 May 2019 ; and
- The parties' comments on the Draft Agenda and the Draft Procedural Order received on November 28, 2019, indicating the items on which they agreed and their respective positions regarding the items on which they did not agree.
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.
3.5.1. at any time during the hearing for reasons not attributable to any member of the Tribunal, the Tribunal may charge to the parties 100% of its notional daily sitting rate, based on an 8-hour day multiplied by the number of days yet to be completed for the time reserved for the hearing, or
3.5.2. less than 1 month before the scheduled start date, or at any time during the hearing, for reasons which are not attributable to any member of the Tribunal; the Tribunal may charge to the parties 50% of its notional daily sitting rate, based on an 8-hour day multiplied by the number of days reserved for the hearing.
1818 H Street, N.W.
Washington, D.C. 20433
Tel.: + 1 (202) 473-7231
Fax: + 1 (202) 522-2615
Paralegal email: firstname.lastname@example.org
Mr. Jonathan C. Hamilton
Ms. Silvia Marchili
Mr. Damian Nyer
White & Case LLP
701 Thirteenth Street N.W.
Washington, D.C. 20005
Telephone: +1 202 626 3600
Mr. Camilo Gómez Alzate
Ms. Ana María Ordoñez Puentes
Ms. Sylvia Helena García
Agencia Nacional de Defensa Jurídica del
Carrera 7 No. 75-66
2nd and 3rd floors Bogotá, D C.
Mr. Fernando Mantilla-Serrano
Mr. John Adam
Mr. Diego Romero
Ms. Paloma García Guerra
Latham & Watkins
45, rue Saint-Dominique
Mr. Charles Claypoole
Mr. Samuel Pape
Latham & Watkins LLP
London, EC2M 3XF
Ms. Claudia T. Salomon
Latham & Watkins LLP
885 Third Avenue
New York, NY 10022
United States of America
13.1.1. submit by email to the Tribunal Secretary and the opposing party an electronic version of the pleading, along with electronic copies of the witness statements, expert reports and an index of all the exhibits and legal authorities supporting the pleading (the “Electronic Email Filing”);1 and,
13.1.2. within three (3) business days2 after the Electronic Email Filing, the Parties shall upload the entire pleading, including electronic copies of the witness statements, expert reports, the index of all the exhibits and legal authorities, and all exhibits and legal authorities, to the file sharing platform that will be created by ICSID for purposes of this case (the “Electronic Platform Filing”).
13.1.3. Any translations of submissions and evidence are to be uploaded to the World Bank's electronic file sharing platform within 14 days of the Electronic Platform Filing. In the case of the request for bifurcation mentioned in Annex B the relevant translations shall be submitted within 5 business days.
13.2.1 one (1) unbound hard copy in A4/Letter format4 of the entire submission5 both in the original language and translations, including originals of the pleading, witness statements, and expert reports, together with any exhibits (but not including legal authorities); and
13.2.2. two USB drives with a full copy of the entire submission both in the original language and translations, including the pleading, the witness statements, expert reports, exhibits, legal authorities and a cumulative index hyperlinked to all supporting documentation submitted by the relevant party to date.
13.3.1 one hard copy in A5 format of the entire submission both in the original language and translations including the pleading, the witness statements, expert reports, together with any exhibits (but not including legal authorities);6 and
13.3.2. one minimum USB drive with a full copy of the entire submission, both in the original language and translations, including the pleading, the witness statements, expert reports, exhibits, legal authorities and a cumulative index hyperlinked to all supporting documentation submitted by the relevant party to date.
Dr. Andrés Rigo Sureda
7002 Beechwood Drive
Chevy Chase, MD 20815
Tel. (240) 605-9037
Dr. Jose A. Martinez de Hoz, Jr.
Bouchard 680, 19th floor
Tel. (54 11) 2150-9775
Professor Philippe Sands
Tel. (44) 20 7404-3447
16.3.1. 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.
16.3.2. 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.
16.5.1. Exhibits shall be numbered consecutively throughout these proceedings.
16.5.2. 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.
16.5.3. Each Exhibit shall have a divider with the Exhibit identification number on the tab.
16.5.4. Exhibits shall also be submitted in PDF format and be numbered consecutively starting with the number 1 and the prefix “C-” and “R-” respectively. The numbering shall also indicate the language of the document e.g. C-1-ENG for a document submitted only in English, C-1-SPA for a document submitted only in Spanish and C-0001-ENG/SPA for a document submitted simultaneously in English and Spanish.
16.5.5. Electronic filings and the accompanying indexes shall follow the naming conventions contained in Annex A.
17.2.1. the full name of the witness, a statement regarding his or her present and past relationship (if any) with any of the Parties, and a description of his or her background, qualifications, training and experience, if such a description may be relevant to the dispute or to the contents of the statement; and
17.2.2. an affirmation of the truth of the Witness Statement.
17.3.1. the full name of the expert, a statement regarding his or her present and past relationship (if any) with any of the Parties, and a description of his or her background, qualifications, training and experience;
17.3.2. a description of the instructions pursuant to which he or she is providing his or her opinions and conclusions;
17.3.3. a statement of his or her independence from the Parties, their legal advisors and the Arbitral Tribunal;
17.3.4. his or her expert opinions and conclusions, including a description of the methods, evidence and information used in arriving at the conclusions. Documents on which the expert relies that have not already been submitted shall be provided;
17.3.5. an affirmation of his or her genuine belief in the opinions expressed in the Expert Report; and
17.3.6. if the Expert Report has been signed by more than one person, an attribution of the entirety or specific parts of the Expert Report to each author.
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