Eco Oro v. Colombia

1. McClelland - “Extensive column & bottle roll leach testing and flotation testwork”; 2. G&T - “Extensive flotation testwork”; 3. Metcom - “Extensive column & bottle roll leach testing and flotation testwork”; 4. SGS (Chile & South Africa) - “Extensive flotation testwork (pilot plant run) and mineralogical analysis”; 5. Barrick Goldstrike - “POX preliminary testwork”; 6. Hazen Research - “Preliminary roasting & leach testing”; and 7. Goldfields - “Extensive BIOX testwork on flotation concentrate”.

Currently due on 9 October 2019 as per Annex A to Procedural Order no. 5 dated 21 December 2018, as amended by the Tribunal’s directions of 4 June 2019.

Attachment D to the Respondent’s e-mail of 26 September 2019; and Exhibit 6 enclosed with the Claimant’s letter dated 29 September 2019.

Condition 2: “The Respondent would not seek an extension to the current filing deadline for its Rejoinder.”

Condition 3.2.: “Insofar as the documents produced in response to the Request were submitted on the record, or are otherwise addressed expressly or impliedly by the Respondent, its witnesses or its experts in Colombia’s forthcoming submission, the Claimant would be granted the option, to be exercised in its sole discretion, of: [...] 3.2. instructing its experts to address and/or provide an analysis of the documents, or a response to observations made by Colombia, its witnesses and/or its experts in relation to the documents, as part of its presentation to the Tribunal at the hearing (without being subject to any objection from the Respondent on the basis that the testimony or analysis is new and was not included in the experts’ prior reports.”

Attachment A to the Respondent’s e-mail of 26 September 2019.

See footnote 4 above.

Condition 3.1.: “Insofar as the documents produced in response to the Request were submitted on the record, or are otherwise addressed expressly or impliedly by the Respondent, its witnesses or its experts in Colombia’s forthcoming submission, the Claimant would be granted the option, to be exercised in its sole discretion, of: 3.1. addressing the documents to be produced in response to the Request, and any observations made by Colombia, its witnesses and/or its experts in relation to the documents in the Rejoinder and accompanying statements and reports, by submitting a written submission, which may include a further expert report, on the same date as the Claimant is scheduled to file its Rejoinder on Jurisdiction”.

See footnote 5 above.