Members of the Tribunal :
Ms. Teresa Cheng SC, President of the Tribunal
Prof. Horacio A. Grigera Naon, Arbitrator
Prof. Zachary Douglas QC, Arbitrator
ICSID Secretariat :
Ms. Sara Marzal Yetano, Secretary of the Tribunal
Participating on behalf of the Claimants :
Abby Cohen Smutny (White & Case LLP), Counsel
Darryl S. Lew (White & Case LLP), Counsel
Petr Polasek (White & Case LLP), Counsel
Brody Greenwald (White & Case LLP), Counsel
Andrei Popovici (White & Case LLP), Counsel
Richard Brown, Claimants
Simon Lusty, Claimants
Participating on behalf of the Respondent :
Mr. Veijo Heiskanen (LALIVE), Counsel
Mr. Matthias Scherer (LALIVE), Counsel
Ms. Lorraine de Germiny (LALIVE), Counsel
Mr. David Bonifacio (LALIVE), Counsel
Dr. Crenguta Leaua (Leaua & Asociatii), Counsel
Ms. Andreea Simulescu (Leaua & Asociatii), Counsel
- The Draft Agenda circulated by the Tribunal Secretary on July 29, 2016;
- The Draft Procedural Order circulated by the Tribunal Secretary on July 29, 2016; and
- The parties' comments on the Draft Agenda and the Draft Procedural Order received on August 9, 2016, indicating the items on which they agreed and their respective positions regarding the items on which they did not agree.
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.
Ms. Sara Marzal Yetano
1818 H Street, N.W.
Washington, D.C. 20433
Tel.: + 1 (202) 473-6434
Fax: + 1 (202) 522-2615
Paralegal email: firstname.lastname@example.org
Gabriel Resources Ltd. and
Gabriel Resources (Jersey) Ltd.
c/o Ms. Abby Cohen Smutny
Mr. Darryl S. Lew
Mr. Petr Polasek
Mr. Brody Greenwald
White & Case LLP
701 Thirteenth Street NW
Washington, DC 20005
Ms. Levana Zigmund
Ms. Anca Puscasu
Ms. Ruxandra Nita
Juca Zbarcea & Asociatii
Victoriei Square, 4-8 Nicolae Titulescu Ave.
America House, West Wing, 8th Floor,
Sector 1, Bucharest 011141
c/o Dr. Veijo Heiskanen
Mr. Matthias Scherer
Ms. Lorraine de Germiny
Mr. David Bonifacio
Mr. Christophe Guibert de Bruet Lalive
35, Rue de la Mairie
PO Box 6569
1211 Geneva 6
Dr. Crenguta Leaua
Ms. Andreea Simulescu
Ms. Aurora Damcali
Ms. Liliana Deaconescu
Ms. Carmen Saricu
Leaua & Asociatii
10, Zborului Street, sector 3
13.3.1. one unbound, double-sided hard copy in A4/Letter format2 of the entire submission, including signed originals of the pleading, witness statements, and expert reports, together with exhibits (but not including legal authorities);
13.3.2. one hard copy in A5 format (double-sided, spiral bound and in soft covers) of the entire submission including the pleading, the witness statements, expert reports, and exhibits (but not including legal authorities); and
13.3.3. two USB drives with full copies of the entire submission, including the pleading, the witness statements, expert reports, exhibits, and legal authorities.
13.4.1. one hard copy in A5 format (double-sided, spiral bound and in soft covers) of the entire submission including the pleading, the witness statements, expert reports, and exhibits (but not including legal authorities); and
13.4.2. one USB drive with a full copy of the entire submission, including the pleading, the witness statements, expert reports, exhibits, and legal authorities.
Ms. Teresa Cheng SC
38/F Gloucester Tower
Hong Kong SAR
Tel: + 852 2905 1681
Prof. Horacio A. Grigera Naon
5224 Elliott Road
Phone: +1 301 229 1985
Prof. Zachary Douglas QC
9 Rue de Candolle
Phone: +44 (0)20 7404 3447
16.4.1. Documents shall be numbered consecutively throughout these proceedings.
16.4.2. The number of each document produced by Claimants shall be preceded by the letter "C-" for factual exhibits and "CL-" for legal authorities. The number for each document produced by Respondent shall be preceded by the letter "R-" for factual exhibits and "RL-" for legal authorities.
16.4.3. Each document shall have a divider with the document identification number on the tab.
16.4.4. A party may produce several documents relating to the same subject matter within one exhibit, numbering each page of such exhibit separately and consecutively.
16.4.5. Exhibits shall also be submitted in PDF format and start with the number "C-0001" and "R-0001," respectively.
16.4.6. 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.
18.5.1. The witness statement of each witness and expert shall stand in lieu of the examination by the party producing the witness and expert ("direct examination"), subject to the provisions below.
18.5.2. Fact witnesses giving oral testimony may first be examined in direct examination for no longer than 15 minutes.
18.5.3. Expert witnesses giving oral evidence may first give a presentation of the key points of their report either directly and/or through direct examination for no longer than 1 hour.
18.5.4. Direct examination is followed by cross-examination by the other party, which may be followed by re-direct examination. The Tribunal shall decide upon any request for re-cross examination from the parties.
20.6.1. The hearing shall be broadcast on closed-circuit television at facilities made available by the ICSID Secretariat for such purposes.
20.6.2. To ensure the protection of confidential information, the Tribunal may hold portions of hearings in camera and establish such other procedures for the protection of confidential information as may be appropriate.
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