Members of the Tribunal
Ms. Deva Villanúa, President of the Tribunal
Prof. Guido S. Tawil, Arbitrator
Dr. Andrés Jana Linetzky, Arbitrator
Ms. Catherine Kettlewell, Secretary of the Tribunal
Assistant to the Tribunal
Ms. Francisca Seara Cardoso, Assistant of the Tribunal
Participating on behalf of the Claimant:
Ms. Diana Suárez,South32 SA Investments Limited
Mr. Nigel Blackaby QC, Freshfields Bruckhaus Deringer US LLP
Ms. Madeline Snider, Freshfields Bruckhaus Deringer US LLP
Mr. Jean Paul Dechamps, Dechamps International Law
Participating on behalf of the Respondent:
Ms. Ana María Ordoñez Puentes, Agencia Nacional de Defensa Jurídica del Estado
Ms. Elizabeth Prado López, Agencia Nacional de Defensa Jurídica del Estado
Mr. Andrés Esteban Tovar, Agencia Nacional de Defensa Jurídica del Estado
Mr. Fernando Mantilla-Serrano, Latham & Watkins
Mr. Samuel Pape, Latham & Watkins
Ms. Esperanza Barrón-Baratech, Latham & Watkins
Mr. Diego Romero, Latham & Watkins
Ms. Paloma García Guerra, Latham & Watkins
Ms. Clara Cuesta, Latham & Watkins
- The Draft Procedural Order circulated by the Tribunal Secretary on December 1, 2020; and
- The Parties’ comments on the Draft Procedural Order received on December 17, 2020, indicating the items on which they agreed and their respective positions regarding the items on which they did not agree.
Ms. Deva Villanúa
Armesto & Asociados
General Pardiñas, 102
Profesor Guido S. Tawil
Ed. Aguas Azules II Ap 003
Rbla. Lorenzo Batlle Pacheco Pda 32
Punta del Este Maldonado 20167-01236
Mr. Andrés Jana
Bofill Mir & Alvarez
Avenida Andrés Bello
2711 – Piso 8 – 7550611
Las Condes – Santiago
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.
Ms. Catherine Kettlewell
1818 H Street, N.W.
Washington, D.C. 20433
Tel.: + 1 (202) 473-7231
Fax: + 1 (202) 522-2615
Paralegal name: Anastasia Tsimberlidis
Paralegal email: email@example.com
o attending meetings, hearings and deliberations, taking notes;
o administrative tasks, other than the administrative tasks carried out by the ICSID Secretariat;
o summarizing submissions, reviewing authorities, conducting legal research, writing notes or memoranda on factual and legal issues, under the specific instruction and continuous control and supervision of the President.
Mr. Nigel Blackaby QC
Ms. Caroline Richard
Ms. Natalia Zibibbo
Ms. Maria Julia Milesi
Ms. Madeline Snider
Mr. Nicolás Córdoba
Freshfields Bruckhaus Deringer US LLP
700 13th Street, NW
Washington, DC 20005-3960
United States of America
c/o Mr. Jean Paul Dechamps
Mr. Juan González Mayer
Dechamps International Law
10 Bloomsbury Way
London, WC1A 2SL
c/o Ms. Carolina Posada
Mr. Daniel Posse
Ms. Laura Vengoechea
Posse Herrera Ruiz
Cra 7 No. 71-52, Tower A, 5th Floor
Mr. Camilo Gómez Alzate
Ms. Ana María Ordóñez Puentes
Ms. Elizabeth Prado López
Agencia Nacional de Defensa Jurídica del Estado
Carrera 7 No. 75-66 – 3er piso
c/o Mr. Fernando Mantilla-Serrano
Mr. John Adam
Ms. Esperanza Barron Baratech
Mr. Diego Romero
Ms. Paloma García Guerra
Latham & Watkins LLP
45 Rue Saint-Dominique
c/o Mr. Samuel Pape
Latham & Watkins LLP
London, EC2M 3XF
16.1.1. a description of each requested document sufficient to identify it, or a description in sufficient detail (including subject matter) of a narrow and specific requested category of documents reasonably believed to exist (in the case of documents maintained in electronic form, the requesting Party may, or the Tribunal may order that it shall be required to, identify specific files, search terms, individuals or other means of searching for such documents in an efficient and economical manner);
16.1.2. a statement as to how the documents requested are relevant and material to the outcome of the case;
16.1.3. a statement that the documents requested are not in the possession, custody, or control of the requesting Party or a statement of the reasons why it would be unreasonably burdensome for the requesting Party to produce such documents; and
16.1.4. a statement of the reasons why the requesting Party assumes the documents requested are in the possession, custody, or control of another Party.
17.6.1. Should a Party request leave to file additional or responsive evidence, that Party may not annex the evidence that it seeks to file to its request.
17.6.2. If the Tribunal grants such an application for submission of an additional or responsive evidence, the Tribunal shall ensure that the other Party is afforded sufficient opportunity to make its observations concerning such an evidence.
17.8.1. Exhibits and Legal Authorities shall be numbered consecutively throughout these proceedings.
17.8.2. 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.
17.8.3. Each document marshalled shall have an individual exhibit number. The Parties should not tender multiple documents under one exhibit number.
17.8.4. Exhibits and legal authorities shall be submitted in PDF format and shall be numbered consecutively throughout these proceedings, commencing with "C-0001" and "R-0001," and "CL-001" and "RL-001" respectively. The numbering shall also indicate the language of the document e.g. C-0001-ENG for a document submitted only in English, C-0001-SPA for a document submitted only in Spanish and C-0001-ENG/SPA for a document submitted simultaneously in English and Spanish. The number of the exhibit or legal authority shall appear on the first page of the document, and shall be incorporated into the file name in accordance with § 17.7.5.
17.8.5. Electronic files and the accompanying indexes shall follow the naming conventions contained in Annex B.
17.8.6. Exhibits should be submitted in a searchable electronic file format, whenever possible.
18.3.1. The full name of the witness;
18.3.2. A disclosure statement detailing any past and present relations of the witness with any Party, counsel or Member of the Tribunal;
18.3.3. A description of the witness’s position and qualifications, if relevant;
18.3.4. A full and detailed description of the relevant facts, and the source of the witness’s information as to those facts, sufficient to serve as that witness’s evidence in the matter in dispute;
18.3.5. Any documents on which the witness relies that have not already been submitted (which shall be submitted with sequential numbering as documents);
18.3.6. A statement as to the language in which the witness statement was originally prepared and the language in which the witness anticipates giving testimony at the Hearing; and
18.3.7. An affirmation of the truth of the witness statement.
18.6.1. The full name of the expert;
18.6.2. A disclosure statement detailing any past and present relations of the expert with any Party, counsel or Member of the Tribunal;
18.6.3. A brief description of the expert’s qualifications;
18.6.4. A brief description of the instructions pursuant to which he or she is providing his or her opinions and conclusions;
18.6.5. A statement of his or her independence from the Parties, their legal advisors and the Tribunal;
18.6.6. A statement of the facts on which he or she is basing his or her expert opinions and conclusions;
18.6.7. His or her expert opinions and conclusions, including a description of the methods, evidence and information used in arriving at the conclusions;
18.6.8. The documents relied on by the expert in the preparation of his or her Expert Report, which shall be provided as annexes to the Expert Report (which may have their own sequential numbering), any spreadsheet or table shall be editable and all formulae visible; data used in the creation of spreadsheets and tables should indicate its source, to the extent it may be reasonably identifiable;
18.6.9. An affirmation of his or her genuine belief in the opinions expressed in the Expert Report.
18.6.10.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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