Members of the Tribunal
Professor Julian D.M. Lew, QC , President of the Tribunal
Professor Yves Derains, Arbitrator
Professor Dr. Kaj Hobér, Arbitrator
Assistant to the President
Ms. Simona Ivanova Valkova
Dr. Veronica Lavista, Secretary of the Tribunal
Participating on behalf of the Claimant:
Mr. Teddy Baldwin, Steptoe & Johnson, LLP
Ms. Chloe Baldwin, Steptoe & Johnson, LLP
Mr. José Manuel Álvarez Zárate, Álvarez Zárate & Asociados
Participating on behalf of the Respondent:
Ms. Ana María Ordoñez Puentes, Agencia Nacional de Defensa Jurídica del Estado
Mr. Giovanny Vega Barbosa, Agencia Nacional de Defensa Jurídica del Estado
Ms. Yadira Castillo, Agencia Nacional de Defensa Jurídica del Estado
Mr. Laurent Gouiffès, Hogan Lovells
Mr. Daniel E. González, Hogan Lovells
Ms. Melissa Ordoñez, Hogan Lovells,
Ms. Juliana de Valdenebro Garrido, Hogan Lovells
Mr. Lucas Aubry, Hogan Lovells
- The Draft Procedural Order circulated by the Tribunal Secretary on 17 May 2021; and
- The Parties' comments on the Draft Procedural Order received on 10 and 14 June 2021, indicating the items on which they agreed and their respective positions regarding the items on which they did not agree. The Parties' additional comments received on 25 June 2021.
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.
1818 H Street, N.W.
Washington, D.C. 20433
Tel.: + 1 (202) 458-8887
Fax: + 1 (202) 522-2615
Paralegal name: Vanina Bauza
Paralegal email: email@example.com
Neustar, Inc. and .CO Internet SAS
c/o Mr. Teddy Baldwin
Ms. Chloe Baldwin
Steptoe & Johnson LLP
1330 Connecticut Avenue, NW
Washington, D.C. 20036
United States of America
Mr. Thomas Innes
Steptoe & Johnson UK LLP
5 Aldermanbury Square
London EC2V 7HR
Mr. José Manuel Álvarez Zárate
Álvarez Zárate & Asociados
Calle 82 11 37 Off 501
Republic of Colombia
c/o Mr. Camilo Gómez Alzate
Ms. Ana María Ordóñez Puentes
Ms. Elizabeth Prado
Agencia Nacional de Defensa Jurídica del Estado
Carrera 7 No. 75-66 – 2do y 3er piso
Ms. María Paula Arenas
Ministerio de Comercio, Industria y Turismo
Calle 28 #13 A-15
Mr. Laurent Gouiffès
Ms. Melissa Ordoñez
Mr. Lucas Aubry
Hogan Lovells (Paris) LLP
17 avenue Matignon
Mr. Daniel E. González
Ms. Juliana de Valdenebro Garrido
Hogan Lovells US LLP
600 Brickell Avenue
Miami, Florida 33131
United States of America
13.1.1. submit by email to the Tribunal Secretary and the opposing Party an electronic version of the pleading with witness statements, expert reports and an index of all supporting documentation;1 and
13.1.2. within 3 business days, upload the pleading with all the supporting documentation and updated index to the file sharing platform that will be created by ICSID for purposes of this case.
Professor Julian D.M. Lew
20 Essex Street
Professor Yves Derains
Derains & Gharavi
25 rue Balzac
Professor Kaj Hobér
Norrlandsgatan 21, P.O. Box
Stockholm SE-111 87
15.1.1. On the date provided in Annex B, each Party may submit a request for production of documents to the other Party. The request shall be made in the form of a Redfern Schedule as attached in Annex C hereto, in both Word and PDF format, and shall not be copied to the Tribunal or the Tribunal Secretary.
15.1.2. On the date provided in Annex B the other Party shall, using the Redfern Schedule provided by the first Party, provide the requesting Party with its reasons and/or objections for its failure or refusal to produce responsive documents.
15.1.3. On the date provided in Annex B the other Party shall produce the requested documents to which it has not filed any objection.
15.1.4. On the date provided in Annex B, the requesting Party shall reply to the other Party's objections in that same Redfern Schedule and shall submit such Redfern Schedule to the Tribunal, with a copy to the other Party (in both Word and PDF formats).
15.1.5. The Tribunal will make its best efforts to rule on the objections within four weeks of receiving the Redfern Schedule. Provided that the Tribunal rules within four weeks of receiving the Redfern Schedule, a Party shall produce documents ordered by the Tribunal by the date provided in Annex B.
16.3.1. Should a Party request leave to file additional or responsive documents, that Party may not annex the documents that it seeks to file to its request.
16.3.2. 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.
16.5.1. The number of each Exhibit containing a document produced by Claimant shall be preceded by the letter “C-” for factual exhibits and “CL-” for legal exhibits containing authorities etc. The number for each Exhibit containing a document produced by Respondent shall be preceded by the letter “R-” for factual exhibits and “RL-” for legal exhibits containing authorities etc.
16.5.2. Exhibits and legal authorities shall be numbered consecutively throughout these proceedings, commencing with “C-0001” and “R-0001,” and “CL-001” and “RL-001” respectively. The number of the exhibit or legal authority shall appear on the first page of the document, and shall be incorporated into the file name in accordance with XXXX§16.5.4.
16.5.3. A Party may produce several documents relating to the same subject matter within one Exhibit, numbering each page of such Exhibit separately and consecutively.
16.5.4. Electronic files and the accompanying indexes shall follow the naming conventions contained in Annex A.
24.2.1. trade secrets;
24.2.2. financial, commercial, scientific or technical information that is treated consistently in a confidential manner by either disputing Party, provincial, territorial or municipal government or third party to which it relates, including pricing and costing information, marketing and strategic planning documents, market share data, or detailed accounting or financial records not otherwise disclosed in the public domain;
24.2.3. information the disclosure of which could result in material financial loss or gain to the disputing Party, provincial, territorial or municipal government or third party to which it relates;
24.2.4. information the disclosure of which could interfere with contractual or other negotiations of the disputing Party, provincial, territorial or municipal government or third party to which it relates; or
24.2.5. other communications treated as confidential in furtherance of settlement between the disputing Parties.
24.3.1. The Respondent, as a Party to the TPA, shall not be required “to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests” (Article 22.2(a)).
24.3.2. The Respondent, as a Party to the TPA shall not be required “to furnish or allow access to confidential information the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private” (Article 22.4).
The production of such information may not be compelled from the Respondent, nor may such information be publicly disclosed, in accordance with XXXX§25 (Transparency), below.
25.5.1. For the notice of intent and the notice of arbitration, which pre-date this order:
Within fourteen (14) calendar days of the date of this Order, Claimant shall submit redacted versions that do not contain any “non-disclosure information”. Within fourteen (14) calendar days of the date that the redacted versions are submitted to the Tribunal, Respondent shall notify Claimant and the Tribunal whether it objects to any of Claimant’s redactions. If Respondent objects to any of Claimant’s redactions, the Parties shall undertake their best efforts to resolve these objections. If the Parties cannot resolve Respondent’s objections within fourteen (14) calendar days and upon the request of either Party, then the Tribunal will decide the issue.
25.5.2. For pleadings, memorials, and briefs:
Any Party claiming that certain information constitutes “non-disclosure information” shall clearly designate the information at the time it is submitted to the Tribunal and submit a redacted version of the document, in electronic version only, that does not contain the information within fourteen (14) calendar days. Within twenty-one (21) calendar days of the date of the redacted document’s submission to the Tribunal, the other Party shall notify the Party submitting the document and the Tribunal whether it objects to any of the redactions. The Parties shall undertake their best efforts to resolve these objections. If the Parties cannot resolve the objections within fourteen (14) calendar days and upon the request of either Party, then the Tribunal will decide the issue.
If the Tribunal determines that any information that a Party sought to redact is not “non-disclosure information”, that Party may (i) “withdraw all or part of its submission containing such information” or (ii) “agree to resubmit complete and redacted documents with corrected designations in accordance with the Tribunal’s determination” (Article 10.21(4)(d)).
“In either case, the other  Party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted in the information” (Article 10.21(4)(d)).
25.5.3. For minutes or transcripts of hearing and orders, decisions, and award of the Tribunal:
The Parties shall within twenty-one (21) calendar days of dispatch by the ICSID Secretariat submit redacted versions that do not contain any “non-disclosure information”. Within fourteen (14) calendar days of the date that the redacted versions are submitted to the Tribunal, each Party shall notify the other Party and the Tribunal whether it objects to any of the redactions. If there are objections, the Parties shall undertake their best efforts to resolve these objections. If the Parties cannot resolve the objections within fourteen (14) calendar days and on the request of either Party, then the Tribunal will decide the issue.
25.5.4. Neither the Parties nor the Tribunal shall disclose to the United States of America (the non-disputing State party to the US-Colombia TPA) or to the public any “non-disclosure information” redacted in accordance with this Order or a subsequent ruling of the Tribunal.
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