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Lao Holdings NV and Sanum Investments Limited v Lao People's Democratic Republic, Procedural order no 4, ICSID Case Nos ARB(AF)/16/2, IIC 1294 (2017), ADHOC/17/1, 27th November 2017, World Bank; International Centre for Settlement of Investment Disputes [ICSID]

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.  Subscriber: null; date: 16 January 2019

Parties:
Lao Holdings NV (Netherlands [nl]), Sanum Investments Limited (China [cn])
Lao People's Democratic Republic
Judges/Arbitrators:
Jean Kalicki (President); Laurence Boisson de Chazournes (Respondent appointment); Klaus Reichert (Claimant appointment)
Procedural Stage:
Procedural order no 4
Previous Procedural Stage(s):
Procedural Order No 1; Sanum Investments Limited v Lao People’s Democratic Republic, ICSID Case No ADHOC/17/1; IIC 942 (2017), 16 May 2017Procedural Order No 2 (Decision on Respondent’s Application of 18 September 2017); Lao Holdings NV and Sanum Investments Limited v Lao People’s Democratic Republic, ICSID Case Nos ARB(AF)/16/2 and ADHOC/17/1; IIC 1262 (2017), 23 October 2017Procedural Order No 3 (Procedural Order No 3 Decision on Claimant’s Clarification Request of 23 October 2017); Lao Holdings NV and Sanum Investments Limited v Lao People’s Democratic Republic, ICSID Case Nos ARB(AF)/16/2 and ADHOC/17/1; IIC 1266 (2017), 14 November 2017
Related Development(s):
Decision on Claimant’s Amended Application for Provisional Measures; Lao Holdings NV v The Government of the Lao People’s Democratic Republic, ICSID Case No ARB(AF)/12/6; IIC 959 (2013), 17 September 2013Decision on jurisdiction; Lao Holdings NV v Lao People's Democratic Republic, ICSID Case No ARB(AF)/12/6, IIC 633 (2014), 21 February 2014Ruling on motion to amend the provisional measures order; Lao Holdings NV v Lao People’s Democratic Republic, ICSID Case No ARB(AF)/12/6, IIC 646 (2014), 12 May 2014Decision on the Merits; Lao Holdings NV v The Government of the Lao People’s Democratic Republic, ICSID Case No ARB(AF)/12/6; IIC 713 (2015), 10 June 2015Procedural Order No 8; Lao Holdings NV v The Government of the Lao People’s Democratic Republic, ICSID Case No ARB(AF)/12/6; IIC 958 (2016), 20 October 2016
Governing Law:
Agreement on Encouragement and Reciprocal Protection of Investments between Laos and the Kingdom of the Netherlands, signed 16 May 2003, entered into force 1 May 2005 (‘Netherlands-Laos BIT’)
Agreement between the Government of the People’s Republic of China and The Government of the Lao People’s Democratic Republic Concerning the Encouragement and Reciprocal Protection of Investments, signed 31 January 1993 (‘China-Laos BIT’)
International law
Subject(s):
Contract claims

Oxford Reports on International Investment Claims is edited by:

Ian Laird, Crowell & Moring LLP, Washington, DC

Decision - full text

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  • —  WHEREAS Procedural Order No. 3, dated 14 November 2017, invited the Parties to consider three possible scenarios for restructuring these proceedings in light of the Tribunal’s admission of additional claims by Lao Holdings, and requested their comments with 10 days; and

  • —  WHEREAS the Parties submitted their comments and respective scheduling proposals on 24 November 2017;

The Tribunal now issues the Revised Procedural Timetable shown in Annex A, leading to a hearing on all issues (both the original claims and the additional claims) between 8–17 January 2019. The Parties are urged to make all possible efforts to accommodate these particular hearing dates, in light of the Tribunal Members’ limited common availability on other dates in the same general timeframe for a hearing of this length. The Parties are requested to confirm these hearing dates as soon as possible but no later than 1 December 2017.

On behalf of the Tribunal,

[Signed]

Ms. Jean E. Kalicki

President of the Tribunal

Date: 27 November 2017

Annex A  Revised Procedural Timetable

Description

Party / Tribunal

Period

Date

Memorial on the Merits

Claimant

1 Sept. 2017

Objection to Jurisdiction (based on Notices of Arbitration)

Respondent

1 Sept. 2017

Revised Schedule following Procedural Order No. 3

Counter-Memorial on Jurisdiction and the Merits (but not Quantum) (based on Memorial on the Merits)

Respondent

23 March 2018

Request for Production of Documents

Parties

3 weeks

13 April 2018

Objections to Requests for Production of Documents

Parties

2 weeks

27 April 2018

Reply to Objections to the Request for Production of Documents — Stern Schedules Sent to Tribunal

Parties

1 week

4 May 2018

Production of Documents as to Which No Objection Was Made

Parties

3 weeks after decision not to object

18 May 2018

Decision on Objections to Request for Production of Documents

Tribunal

2 weeks after Tribunal’s receipt of Stern Schedules

18 May 2018

Production of Documents Ordered by the Tribunal

Parties

2 weeks after Tribunal decision

1 June 2018

Reply on Jurisdiction and the Merits (but not Quantum)

Claimant

10 weeks

10 August 2018

Rejoinder on Jurisdiction and the Merits (but not Quantum)

Respondent

10 weeks

19 Oct. 2018

Notification of Witnesses/Experts for Cross-Examination

Parties

10 days after conclusion of the written phase

29 Oct. 2018

Call of Witnesses/Experts not Called by the Parties, if any

Tribunal

1 week after parties’ notification

5 Nov. 2018

Pre-Hearing Organizational Meeting (by telephone)

Parties and Tribunal

1 week after final witness notification

12 Nov. 2018

Hearing

All

8 days maximum

8–17 January 2019

Post-Hearing Briefs if requested by the Tribunal

Parties

TBD

TBD

Statements on Costs

Parties

30 days after conclusion of hearing

TBD