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

    Procedural Order No. 4

    [1].
    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;
    [2].
    WHEREAS on 9 September 2016, the Arbitral Tribunal issued Procedural Order No. 2 amending such procedural calendar;
    [3].
    WHEREAS pursuant to the amended procedural calendar, on 30 September 2016, Italy filed its Memorial and, on 14 April 2017, India submitted its Counter-Memorial, in which it inter alia presented a counter-claim;
    [4].
    WHEREAS on 1 June 2017, the Arbitral Tribunal issued Procedural Order No. 3 amending the procedural calendar for further written pleadings in respect of India's counter-claim;
    [5].
    WHEREAS pursuant to the amended procedural calendar, on 11 August 2017, Italy submitted its Reply on the Merits, Counter-Memorial on Jurisdiction, and Counter-Memorial on India's Counter-Claims and, on 15 December 2017, India submitted its Rejoinder on the Merits, Reply on Jurisdiction, and Reply to Italy's Counter on India's Counter-Claims;
    [6].
    WHEREAS by letter dated 6 February 2018, Italy requested the Arbitral Tribunal to extend the due date for the filing of its Rejoinder on Jurisdiction and India's Counter-Claim from 16 February 2018 to 9 March 2018; and whereas, according to Italy, the request was made in light of the disclosure on 5 February 2018 by India to Italy “of 66 witness statements and 133 additional documents that were the subject of a disclosure request by Italy”;
    [7].
    WHEREAS by letter dated 8 February 2018, India confirmed that it had no objection to Italy's request;
    [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 Orders No. 2 and 3, shall be maintained with the following further amendment:

    On or before 9 March 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. The remaining provisions of the Rules of Procedure and Procedural Orders No. 2 and 3 shall remain in effect.

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