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Avocats, autres représentants, expert(s), secrétaire du tribunal

    Procedural Order No. 3

    [1].
    WHEREAS Italy instituted the present arbitration by serving on India a “Notification under Article 287 and Annex VII, Article 1 of UNCLOS and Statement of Claim and Grounds on Which it is Based” dated 26 June 2015;
    [2].
    WHEREAS on 18 January 2016, the Arbitral Tribunal determined, after consultation with the Parties, its Rules of Procedure for the present arbitration (the “Rules of Procedure”); and whereas Article 9 of the Rules of Procedure establishes the procedural calendar for the submission of written pleadings;
    [3].
    WHEREAS on 9 September 2016, the Arbitral Tribunal issued Procedural Order No. 2 amending such procedural calendar;
    [4].
    WHEREAS pursuant to the amended procedural calendar, on 30 September 2016, Italy filed its Memorial;
    [5].
    WHEREAS on 14 April 2017, India submitted its Counter-Memorial, in which it inter alia presented a counter-claim;
    [6].
    WHEREAS by letter dated 19 May 2017, Italy submitted a proposal to the Arbitral Tribunal as to the procedural calendar for further written pleadings in respect of India's counter-claim;
    [7].
    WHEREAS by letter dated 23 May 2017, India confirmed its agreement with Italy's proposal;
    [8].
    TAKING THE PARTIES' VIEWS INTO ACCOUNT, THE ARBITRAL TRIBUNAL ISSUES THE FOLLOWING PROCEDURAL ORDER:

    1. The procedural calendar for the submission of written pleadings set out in Article 9 of the Rules of Procedure, as amended by Procedural Order No. 2, shall be maintained with the following further amendments:

    1. On or before 11 August 2017, Italy may submit a Reply, including a Counter-Memorial on India's jurisdictional objections and a Counter-Memorial on India's counter-claim;

    2. On or before 15 December 2017, India may submit a Rejoinder, including a Reply to Italy's Counter-Memorial on jurisdiction and/or admissibility and to Italy's Counter-Memorial on India's counter-claim;

    3. On or before 16 February 2018, Italy may submit its Rejoinder to India's Reply on jurisdiction and/or admissibility and to India's Reply on India's counter-claim.

    2. This order is without prejudice to the admissibility of the counter-claim presented by India or the Arbitral Tribunal's jurisdiction to address such counter-claim.

    3. The Arbitral Tribunal may take a decision as to the admissibility of the counter-claim and the Arbitral Tribunal's jurisdiction either in an Award on Jurisdiction and Merits or separately from that Award at an earlier stage.

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