Members of the Tribunal
Lord Nicholas Phillips Baron of Worth Matravers, President of the Tribunal Mr. Horacio A. Grigera Naón, Arbitrator
Mr. J. Christopher Thomas, QC, Arbitrator
Ms. Luisa Fernanda Torres, Secretary of the Tribunal
Attending on behalf of Claimants:
Mr. Justin Williams, Akin Gump Strauss Hauer and Feld LLP
Mr. Stephen Kho, Akin Gump Strauss Hauer and Feld LLP
Ms. Katie Hyman, Akin Gump Strauss Hauer and Feld LLP Mr. Johann Strauss, Akin Gump Strauss Hauer and Feld LLP Ms. Areej Al Naqbi, Akin Gump Strauss Hauer and Feld LLP
Mr. Tom Kingsbury, Assistant Secretary, Bridgestone Licensing Services, Inc; and Chief Counsel, Intellectual Property, Bridgestone Americas, Inc.
Attending on behalf of Respondent:
Mr. Whitney Debevoise, Arnold & Porter Kaye Scholer
Ms. Gaela Gehring Flores, Arnold & Porter Kaye Scholer
Ms. Mallory Silberman, Arnold & Porter Kaye Scholer
Ms. Katelyn Home, Arnold & Porter Kaye Scholer
Mr. Kelby Ballena, Arnold & Porter Kaye Scholer
Mr. Michael Rodriguez, Arnold & Porter Kaye Scholer
Mr. Aristides Valdonedo, Arnold & Porter Kaye Scholer Ms. Geniva Escobar, Arnold & Porter Kaye Scholer Ms. Linda Castillo, Arnold & Porter Kaye Scholer
- the Draft Agenda circulated by the Secretary of the Tribunal on 16 May 2017 as amended by the Parties1 on 1 June 2017;
- the Draft Procedural Order circulated by the Secretary of the Tribunal on 16 May 2017; and
- the Parties’ comments on the Draft Agenda and the Draft Procedural Order received on 1 June 2017, indicating the items on which they agreed and their respective positions regarding the items on which they did not agree.
Lord Nicholas Phillips Baron ofWorth Matravers
Brick Court Chambers
7-8 Essex Street
London WC2R 3LD
Mr. Horacio A. Grigera Naón
5224 Elliott Road
Bethesda. Maryland 20816
United States of America
Mr. J. Christopher Thomas, QC
Centre for International Law
National University of Singapore
Bukit Timah Campus
469A Bukit Timah Road
Tower Block #09-01
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 rata; and
3.2.2. subsistence allowances, reimbursement of travel, and other expenses pursuant to ICSID Administrative and Financial Regulation 14.
Ms. Luisa Fernanda Torres
1818 H Street, N.W.
Washington, D.C. 20433
Tel.: + 1 (202)473-5018
Fax: + 1 (202) 522-2615
Mr. Justin Williams
Akin Gump Strauss Hauer & Feld LLP
Ten Bishops Square
London, El 6EG,
Ms. Kimberly M. Myers
Ms. Katie Hyman
Mr. Johann Strauss
Akin Gump Strauss Hauer & Feld LLP
1333 New Hampshire Avenue, NW
Washington, DC 20036
United States of America
Mr. Aristides Valdonedo
Ms. Geniva Escobar
Ministry of Economy and Finances
Vía España y Calle 52E
Republic of Panama
Mr. Whitney Debevoise
Ms. Gaela Gehring Flores
Ms. Mallory Silberman
Ms. Amy Endicott
Ms. Katelyn Home
Mr. Kelby Ballena
Arnold & Porter Kaye Scholer LLP
601 Massachusetts Avenue, NW Washington, DC 20001-3743
United States of America
14.2.1. one unbound hard copy in A4/Letter format4 in labeled redweld folders of the entire submission (both in original language and translations), including signed originals of the pleading, witness statements, and expert reports, together with exhibits (but not including legal authorities); and
14.2.2. two labeled, unencrypted USB drives with full copies of the entire submission (both in original language and translations), including the pleading, the witness statements, expert reports, exhibits, and legal authorities. The USB shall also contain a hyperlinked index and, if possible, a pleading that is hyperlinked to the supporting documentation.
14.3.1. one hard copy in A5 format of the entire submission (both in original language and translations) including the pleading, the witness statements, expert reports, and exhibits (but not including legal authorities); and
14.3.2. one labeled, unencrypted USB drive with a full copy of the entire submission (both in original language and translations), including the pleading, the witness statements, expert reports, exhibits, and legal authorities. The USB shall also contain a hyperlinked index and, if possible, a pleading that is hyperlinked to the supporting documentation.
16.2.1. Each Party may serve a request for production of documents on the other Party. Any request for production of documents must identify with precision each document or category of documents sought and establish their relevance and materiality to the outcome of the case. Such requests shall not be sent to the Tribunal or the ICSID Secretariat.
16.2.2. Each Party shall produce those documents requested that are in its possession, custody or control (and not in the other Party’s possession, custody or control), and to which it does not object. Documents shall be produced in electronic format only. The documents produced shall be organized, to the extent feasible, according to the request(s) they are responsive to.
16.2.3. If and to the extent that a Party objects to any request for production, such Party shall state its objections to any request in writing to the requesting Party only.
16.2.4. The Party which made the request shall respond in writing to any objection and submit the completed table referred to in §16.3 below to the Secretary of the Tribunal, with a copy to the other Party (in both Word and PDF formats).
16.2.5. The Tribunal shall decide on any objections to the production of requested documents.
16.2.6. The Parties shall produce all documents for which no objection is sustained by the Tribunal. Documents shall be produced in electronic format only. The documents produced shall be organized, to the extent feasible, according to the request(s) they are responsive to.
|No.||Documents orCategory of Documents Requested||Relevance and MaterialityAccording toRequesting Party||Responses /Objections to DocumentRequests||Replies toResponses /Objections to DocumentRequests||Tribunal’sDecisions|
|Ref. toPleadings,Exhibits,Witness Statements or Expert Reports||Comments|
17.4.1. Should a Party request leave from the Tribunal to fde additional or responsive documents, that Party may not annex the documents that it seeks to file to its request.
17.4.2. 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.
17.6.1. Exhibits and legal authorities shall be numbered consecutively throughout these proceedings.
17.6.2. The number of each exhibit submitted by Claimants shall be preceded by the letter "C-". Each legal authority submitted by Claimants shall be preceded with the letters "CLA". Each exhibit submitted by the Respondent shall be preceded by the letter "R-". Each legal authority submitted by the Respondent shall be preceded with the letters "RLA".
17.6.3. The Parties shall submit all exhibits in fdes with a separate tab for each exhibit. The tab shall include the exhibit number.
17.6.4. For purposes of the Electronic Filing, exhibits shall also be submitted in PDF format and start with the number "C-0001" or "R-0001," respectively. The numbering shall also indicate the language of the document, e.g., C-0001 (ENG) for a document submitted in English, C-0001 (SPA) for a document submitted in Spanish and C-0001(ENG/SPA) for a document submitted in both Spanish and English.
17.6.5. Legal authorities also shall be submitted in PDF format and start with the number "CLA-0001" and "RLA-0001," respectively. The numbering shall also indicate the language of the document, e.g., CLA-0001 (ENG) for a document submitted in English, CLA-0001 (SPA) for a document submitted in Spanish, and CLA-0001 (ENG-SPA) for a document submitted in both English and Spanish.
17.6.6. 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.
19.8.1. The witness statement of each witness and 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 and any agreement of the Parties or direction of the Tribunal.
19.8.2. The Party presenting the witness or expert may conduct a brief direct examination of a witness or expert, which should be limited to the scope of prior testimony (including any corrections or updating thereof and any testimony responding to matters raised after the date of the witness’s or expert’s last statement or report.)
19.8.3. Absent leave from the Tribunal, direct examination of a witness shall not exceed 15 minutes and direct examination of an expert shall not exceed 30 minutes.
19.8.4. The direct examination of a witness or expert will be followed by examination by the other Party ("cross-examination"), and subsequently, by the party producing the witness or expert ("redirect examination").
19.8.5. The scope of the cross-examination shall be limited to (i) the issues addressed by the witness or expert in his or her direct testimony or report and/or (ii) impeachment of the witness, unless for good cause shown the Tribunal agrees to a broader cross examination.
19.8.6. The redirect examination of a witness or expert shall be limited to matters raised in cross-examination.
19.8.7. Witnesses and experts shall be examined by each Party under the control of the President of the Tribunal. The Tribunal may examine the witness or expert at any time during the oral procedure.
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