On 8 November 2019, the Claimant filed an application requesting that the Tribunal (i) strike from the record of the arbitration, on the basis of Rule 31(3) of the ICSID Arbitration Rules, Sections V, and VII.A to VII.E of the expert report of Christopher Johnson, submitted together with the Respondent’s Rejoinder Memorial of 9 October 2019 (“Johnson’s Report”); or, alternatively, and with the caveat that such relief would not fully alleviate that would be suffered by the Claimant, (ii) grant the Claimant the right to make a written submission, with additional expert evidence, by 18 December 2019 in response only to the offending sections in Johnson’s Report.
On 18 November 2019, the Respondent filed a response to the Claimant’s application requesting that the Tribunal reject the latter application in full.
Having deliberated, the Tribunal hereby grants the Claimant the right to file a written response to the sections in Johnson’s Report that it deems to be offending by no later than Wednesday 18 December 2019.
The Respondent will be given the opportunity to address the response filed by the Claimant at the oral hearing.
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