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Procedural Order No. 2

Introduction

In accordance with Article 10.20.2 of the Peru-United States Trade Promotion Agreement (the “Treaty”), the Tribunal considers it appropriate to invite the Government of the United States of America (the “USG”), as the “non-disputing Party,” to comment on issues of Treaty interpretation in dispute between the Parties in relation to the Article 10.20.4 of the Treaty.
For this purpose, this Procedural Order sets out the following procedural calendar:

Order

[3].

1. Within seven (7) days from the date of this Order, the Parties shall jointly submit to the USG an invitation letter, in the form agreed by the Parties, inviting the USG to make submissions to the Arbitral Tribunal on Article 10.20.4 of the Treaty within twenty-one (21) days from the date of receipt of the invitation;

2. The USG shall be invited to indicate together with its written submissions whether it wishes also to make oral submissions to the Arbitral Tribunal;

3. The Parties shall provide their comments on the USG’s submissions within three (3) weeks from the date of receipt of the USG’s written submissions, or the date of the subsequent oral submissions, if any.

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