Members of the Tribunal
Prof. Vaughan Lowe, Q.C., President of the Tribunal
Dr. Stanimir Alexandrov, Arbitrator
Prof. Brigitte Stern, Arbitrator
Mrs. Mercedes Cordido-Freytes de Kurowski, Secretary of the Tribunal
Attending / Participating on behalf of the Claimant:
Ms. Andrea J. Menaker, White & Case LLP
Mr. Petr Polášek, White & Case LLP
Ms. Kristen M. Young, White & Case LLP
Ms. Harpreet K. Dhillon, White & Case LLP
Mr. David Nicholson, General Counsel, TECO Energy, Inc.
Mr. Javier Cuebas, Senior Corporate Counsel, TECO Energy, Inc.
Attending / [Participating] on behalf of the Respondent:
Mr. Nigel Blackaby, Freshfields Bruckhaus Deringer US LLP
Mr. Lluís Paradell Trius, Freshfields Bruckhaus Deringer LLP
Mr. Omar Naqib, Freshfields Bruckhaus Deringer LLP
Ms. Francesca Loreto, Freshfields Bruckhaus Deringer LLP
Mr. Alexander Cutz Calderón, Ministerio de Economía, Republic of Guatemala
Mr. Francisco Fernando Vásquez Collado, Ministerio de Economía, Republic of Guatemala
Ms. Ana Luisa Gatica Palacios, Procuraduría General de la Nación, Republic of Guatemala Ms. Lilian Elizabeth Nájera Reyes, Procuraduría General de la Nación, Republic of Guatemala
Mr. Pablo A. Bonilla Hernández, Procuraduría General de la Nación, Republic of Guatemala
- The Draft Agenda circulated by the Tribunal Secretary on February 22, 2017, as amended by the parties on March 28, 2017.
- The Draft Procedural Order circulated by the Tribunal Secretary on February 22, 2017; and
- The parties’ comments on the Draft Agenda and the Draft Procedural Order received on March 28, 2017, 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.
Mrs. Mercedes Cordido-F. de Kurowski
1818 H Street, N.W.
Washington, D.C. 20433
Tel.: + 1 (202) 473-3171
Fax: + 1 (202) 522-2615
Paralegal email: firstname.lastname@example.org
Andrea J. Menaker
Kristen M. Young
White & Case LLP
701 Thirteenth Street, NW
Washington, DC 20005-3807
United States of America
Tel. +1 202 626 3600
Fax +1 202 639 9355
TECO Energy, Inc.
702 North Franklin Street
Tampa, FL 33602-4429
United States of America
Tel. +1 813 228 1111
Fax +1 813 228 1328
Jean Paul Dechamps
700 Thirteenth Street, NW
Washington, DC 20005
Tel. + 1 202 777 4500
Fax +1 202 777 4555
Lluís Paradell Trius
Piazza del Popolo, 18
Tel: +39 06 533 1
Fax: +39 06 69533 800
Mr. Rubén Estuardo Morales Monroy, Ministro de Economía, Ministerio de Economía, Republica de Guatemala
Tel: +502 2412-0200
Ms. Licda. Gladys Annabella Morfin Mansilla
Procuradora General de la Nación, Procuraduría General de la Nación, Republica de Guatemala
15 Av. 9-69, zona 13
Ciudad de Guatemala
Tel: +502 2414-8787
13.2.1. one unbound hard copy in A4/Letter format2 of the entire submission, including signed originals of the pleading, witness statements, and expert reports, together with documents (but not including legal authorities);
13.2.2. one hard copy in A5 format of the entire submission including the pleading, the witness statements, expert reports, and documents (but not including legal authorities); and
13.2.3. three USB drives, with full copies of the entire submission, including the pleading, the witness statements, expert reports, documents, and legal authorities.
13.3.1. [one] hard copy in A5 format of the entire submission including the pleading, the witness statements, expert reports, and documents (but not including legal authorities) for the opposing party;
13.3.2. three USB drives for the opposing party and one USB drive for each Member of the Tribunal with a full copy of the entire submission, including the pleading, the witness statements, expert reports, documents, and legal authorities.
13.3.3. Prof. Lowe would like to receive one hard copy in A5 format of the entire submission including the pleading, the witness statements, expert reports, and documents (but not including legal authorities); Prof. Stern will only require a hard copy in A4 format, single spaced, of the pleading, and the rest (the witness statements, expert reports, documents, and legal authorities) in electronic format; and Dr. Alexandrov would like to receive everything in electronic format only.
Prof. Vaughan Lowe
Essex Court Chambers
24 Lincoln’s Inn Fields
London WC2A 3EG
Tel: +44(0)20 7813 8000
Dr. Stanimir Alexandrov
Sidley Austin LLP
1501 K Street, NW
Washington, DC 20005 U.S.A.
Tel: +1 202 736 8000
Prof. Brigitte Stern
7 rue Pierre Nicole
Code : A1672
Tel: +33 (0)1 40 46 93 79
15.4.1. Claimant shall submit its Memorial on the Merits on September 1, 2017;
15.4.2. Respondent shall submit its Counter-Memorial on the Merits on February 2, 2018;
15.4.3. Claimant shall submit its Reply on May 25, 2018; and
15.4.4. Respondent shall submit its Rejoinder on September 21, 2018.
17.3.1. 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.
17.3.2. 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.
17.5.1. Exhibits shall be numbered consecutively throughout these proceedings. The number of each Exhibit containing a document produced by Claimant shall be preceded by the letter “C-” for factual exhibits, starting with C-1001 and “CL-” for legal exhibits containing authorities, starting with CL-1001 etc. The number for each Exhibit containing a document produced by Respondent shall be preceded by the letter “R-” for factual exhibits, starting with R-1001 and “RL-” for legal exhibits containing authorities, starting with RL-1001 etc.
17.5.2. Each Exhibit shall have a divider with the Exhibit identification number on the tab.
17.5.3. A party may produce several documents relating to the same subject matter within one Exhibit, numbering each page of such Exhibit separately and consecutively.
17.5.4. Exhibits shall also be submitted in PDF format and start with the number “C-1001” and “R-1001,” respectively.
17.5.5. Each pleading shall be accompanied by a list of the exhibits and legal authorities submitted therewith. For any factual exhibits and legal authorities that are part of the record in the Original Proceeding that are resubmitted in the present proceeding, the list should additionally indicate, for the Tribunal’s convenience and by way of reference, their original factual exhibit or legal exhibit number.
17.5.6. Copies of documentary evidence shall be assumed to be authentic unless specifically objected to by a party, in which case the Tribunal will determine whether authentication is necessary.
20.9.1. Before giving evidence, witnesses shall make the declaration in ICSID Arbitration Rule 35(2), and experts shall make the declaration in ICSID Arbitration Rule 35(3);
20.9.2. The party who has presented the fact witness may briefly examine the witness for purposes of asking introductory questions limited to their professional background, corrections to his/her written statement, and to address matters which have arisen after that witness’s statement was signed (direct examination);
20.9.3. The party who has presented the expert witness may examine the expert for up to 45 minutes, which examination may take the form of a presentation given by the expert;
20.10.1. Factual witnesses may be cross-examined on the content of his/her witness statement, and on any question directly related to the issues in dispute of which the witness has personal knowledge.
20.10.2. Cross-examination of experts should be limited to the issues contained in their report, with the exception of questions relating to credibility.
20.10.3. The party who has presented the witness or expert may then re-examine the witness or the expert with respect to any matters or issues arising out of the cross-examination;
20.10.4. The Tribunal may examine the witness at any time, either before, during or after examination by one of the parties.
20.10.5. To the extent that it may assist its understanding, following the cross examination by the parties, the Tribunal may order two or more experts to be examined concurrently (expert conferencing). The manner and conduct of such conferencing will be discussed at the pre-hearing organizational meeting referred to in §[21.1].
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