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.
ICSID - The World Bank Group
1818 H Street, N.W.
Washington, D.C. 20433 U.S.A.
Tel.: + 1 (202) 458-8575
Fax: + 1 (202) 522-2615
Mr. Edward G. Kehoe
Mr. Guillermo Aguilar Alvarez
Mr. Henry G. Burnett
Ms. Caline Mouawad
King & Spalding LLP
1185 Avenue of the Americas
New York, New York 10036-4003
Tel: +1 212 556 2100
Fax: +1 212 556 2200
Mr. Jonathan C. Hamilton
Ms. Andrea J. Menaker
White & Case LLP
701 Thirteenth Street N.W.
Washington, D.C. 20005
Tel.: +1 202 626 3600
Fax: + 1 202 639 9355
Mr. Eduardo Ferrero Costa
Ms. Maricarmen Tovar Gil Estudio Echecopar
Ms. Carol Wood
King & Spalding LLP
1100 Louisiana Street, Suite 4000
Houston, Texas 77002-5213
Tel: +1 713 751 3200
Fax: +1 713 751 3290
De la Floresta 497, Piso 5
San Borja, Lima, Peru
Tel.: +51 1 618 8500
Fax: +51 1 372 7171
(a) Pleadings, witness statements, and expert reports (together the "Main Documents") in both procedural languages, one language on the Filing Date of the submission (as defined below) and a translation into the other procedural language (the "Translations") submitted on the Supplemental Filing Date (according to the schedule provided in §11).
(b) Exhibits, legal authorities, and annexes (together, the "Supporting Documents") may be submitted in any language. For the convenience of the Tribunal, any Supporting Document provided in a language other than English shall be translated into English with respect to the specific relevant part thereof. The Tribunal may require a fuller or a complete translation at the request of any Party or on its own initiative.
(c) The governing language of documents (including witness statements, expert reports, and Supporting Documents) shall be the original language of the document; provided that, for the convenience of the Tribunal, the governing language of the pleadings shall be English.
10.1.1. Each Party's written communications shall be transmitted by email or other electronic means to the opposing Party and to the Tribunal Secretary, who shall send them to the Tribunal.
10.1.2. Electronic versions of communications ordered by the Tribunal to be filed simultaneously shall be transmitted to the Tribunal Secretary only, who shall send them to the opposing Party and the Tribunal.
10.1.3. The Tribunal Secretary shall not be copied on direct communications between the Parties when such communications are not intended to be transmitted to the Tribunal.
10.1.4. The Parties may communicate directly with the Tribunal for exceptional and urgent purposes, with a copy to the Tribunal Secretary. A copy of any communication by a Party to the Arbitral Tribunal shall be simultaneously transmitted to the other Party by the same means.
(a) a transmittal letter by electronic mail;
(b) hard copies of the following materials: Main Documents, Supporting Documents (excluding international legal authorities) and Translations (as required by § 9);
(c) electronic versions of all Main Documents, Supporting Documents (including international legal authorities) and Translations on a USB drive.
11.3.1. To the Centre: one (1) unbound hard copy in A4 format;4 one (1) hard copy in Letter format; and two (2) USB drives.
11.3.2. To each Member of the Tribunal: one (1) hard copy in A5, double-sided format; and one (1) USB drive.
11.3.3. To the opposing Party: two (2) hard copies in A4 format; and one (1) USB drive. For Respondent’s filings, one copy shall be sent to King & Spalding’s New York office and the other copy shall be sent to King & Spalding’s Houston office. For Claimant’s filings, both copies shall be sent to White & Case’s office in Washington, D.C.
Mr. Michael J. Moser
Level 8, Two Exchange Square
8 Connaught Place, Central
Hong Kong SAR
Tel. (852) 2168 0809
Email: firstname.lastname@example.org, email@example.com
Mr. L Yves Fortier, CC, QC
Cabinet Yves Fortier
1 Place Ville Marie
Montréal, Québec H3B 4R4
Tel. + 1 514 286 2011
Mr. Toby T. Landau, QC
Essex Court Chambers
24 Lincoln's Inn Fields
London WC2A 3EG
Tel: +44 207 8138000
(a) A petition shall meet the following requirements: (i) be no more than 5 pages; (ii) be presented in English and Spanish; (iii) disclose any affiliation with the Parties; (iv) specify the interest the applicant has in the arbitration; (v) identify the issues of fact or law addressed in a written submission and why the applicant can bring perspective or insight distinct from the Parties; (vi) attach the written submission; and (vii) identify any prior writings related to this arbitration, any of the Parties, or entities related to the Parties, the La Oroya Metallurgical Complex, the Treaty, or any material dealings prior to this proceeding with the Parties or its counsel.
(b) The written submission shall be in English and Spanish and no more than 30 pages (including exhibits). The written submission shall identify the author and any person or entity that has provided, or will provide, any financial or other assistance in preparing the submission.
(c) After providing the Parties an opportunity to comment on any amicus curiae petition, the Tribunal shall rule on its admissibility.
(d) The Parties may comment on any amicus curiae submissions in subsequent pleadings. The Tribunal may consider such amicus curiae submissions, but is not required to do so.
15.4.1. Exhibits shall be numbered consecutively throughout these proceedings.
15.4.2. The number of each Exhibit containing a document produced by Claimant shall be preceded by the letter "C" for documentary evidence and "CLA" for legal authorities. The number for each Exhibit containing a document produced by Respondent shall be preceded by the letter "R" for documentary evidence and "RLA" for legal authorities.
15.4.3. Each Exhibit shall have a divider with the Exhibit identification number on the tab.
15.4.4. A Party may produce several documents relating to the same subject matter within one Exhibit, numbering each page of such Exhibit separately and consecutively.
15.4.5. Exhibits shall also be submitted in PDF format and start with the number "C-0001" and "R-0001," respectively. Legal authorities shall also be submitted in PDF format and start with the number "CLA-0001" and "RLA-0001," respectively.
15.4.6. 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.
16.4.1. The witness statement of each witness and the expert report of each expert shall stand in lieu of the examination by the Party producing the witness and expert ("direct examination"), subject to the provisions below.
16.4.2. The examination shall be limited to matters raised in the pleadings, witness statements, documents that have been produced (including those by order of the Tribunal), and/or oral evidence of the other party’s witnesses, to the extent the witness is competent to testify on these statements and materials.
16.4.3. Without leave of the Tribunal, direct examination of fact witnesses shall not exceed 15 minutes and shall be limited to the scope of prior testimony.
16.4.4. Without leave of the Tribunal, direct examination of experts shall not exceed 20 minutes and shall be limited to the scope of prior testimony.
16.4.5. The direct examination of witnesses is followed by examination by the other Party ("cross-examination"), and subsequently by the Party producing the witness ("redirect examination").
16.4.6. The redirect examination shall be limited to matters raised in cross-examination.
16.4.7. The Tribunal may pose questions during or after the examination of any witness or expert.
(a) Opening statement by Claimant
(b) Opening statement by Respondent
(c) Direct and cross examination of Claimant’s witnesses and then Respondent’s witnesses, followed by direct and cross examination of Claimant’s experts and then Respondent’s experts. The examination of the Parties’ experts shall be arranged by topic.
(d) Closing statement by Claimant
(e) Closing statement by Respondent
|Ruling||Update After Last Step||Further Updates|
|Major Decision or Award||6 months||Every 3 months|
|Other Decisions||1 month||Every month|
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