1. The Tribunal reiterates its direction to the Parties to consult and agree on a new briefing schedule which includes Renco’s responsive submissions on the three arguments raised by Peru in its Preliminary Objection under Article 10.20.4. In the event the Parties are unable to maintain the currently scheduled hearing dates of September 1-2, 2015, the Tribunal is able to offer December 14-16, 2015 in London as alternative hearing dates. In such event, the hearing would commence at 2.00pm on December 14, 2015.
2. The Tribunal declines to reconsider or revise its Decision in respect of the alleged ongoing breaches by Renco of the waiver requirement. The Tribunal remains of the view, as it expressed in its Decision, that the importance of the allegations advanced in the light of Renco’s Treaty obligations, and the urgency with which these allegations have been pressed by Peru, demand that the Tribunal hear and decide this issue as a preliminary issue in the arbitration on a separate timetable. Accordingly, the Tribunal reiterates its direction to the Parties to consult and agree on a “separate and streamlined timetable” to deal with the alleged ongoing breaches by Renco of the waiver requirement.
3. The Tribunal invites counsel to inform the Tribunal of the new agreed briefing schedule, hearing dates and timetable on or before Wednesday, 24 June 2015.
4. Costs are reserved.
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