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Resolute Forest Products Incorporated v Canada, Procedural order no 7 on scheduling the merits and damages phase, PCA Case No 2016-13, IIC 1352 (2018), 23rd March 2018, Permanent Court of Arbitration [PCA]

Subject(s):
Procedural orders

Oxford Reports on International Investment Claims is edited by:

Ian Laird, Crowell & Moring LLP, Washington, DC

Decision - full text

Original Source PDF

1.  Procedural History

1.1  The Tribunal issued its Decision on Jurisdiction and Admissibility on January 30, 2018.

1.2  Following an invitation by the Tribunal to consult on next steps, the Disputing Parties informed the Tribunal on March 16, 2018 that they had agreed on a schedule for the merits and damages phase. The agreed schedule incorporates two rounds of simultaneous document production. The Disputing Parties informed the Tribunal that they had agreed to this procedure with the “understanding that the second document production should be narrow and tailored.” They further agreed that each request “should be the consequence of the pleadings and should identify with precision a statement, claim, or argument in the other Disputing Party’s pleading that warrants further discovery or additional documents.”

2.  Order

2.1  The Tribunal approves the schedule agreed by the Disputing Parties for the Merits and Damages Phase, which shall be as follows:

Procedural Step

Time Period

Date

A.

Tribunal’s Procedural Order on the schedule for the Merits and Damages Phase

March 23, 2018

B.

Exchange of requests for the production of documents

28 days

April 20, 2018

C.

Objections to requests for the production of documents

28 days

May 18, 2018

D.

Responses to objections to requests for the production of documents

21 days

June 8, 2018

E.

Production of documents in response to undisputed document requests

14 days

June 22, 2018

F.

Submission of Redfern Schedule for disputed document requests / application to the Tribunal for Order on disputed requests for the production of documents

7 days

June 29, 2018

G.

Tribunal’s Order on the production of documents

21 days

July 20, 2018

H.

Production of documents as ordered by the Tribunal

28 days

August 17, 2018

I.

Claimant’s Memorial on the Merits and Damages

60 days

October 16, 2018

J.

Respondent’s Counter-Memorial on the Merits and Damages

62 days

December 17, 2018

K.

Exchange of additional requests for the production of documents. Each additional request should be the consequence of the pleadings and should identify with precision a statement, claim, or argument in the other Disputing Party’s pleading that warrants further discovery or additional documents.

30 days

January 16, 2019

L.

Objections to additional requests for the production of documents

14 days

January 30, 2019

M.

Production of documents in response to undisputed additional document requests

Responses to objections to disputed additional document requests

14 days

February 13, 2019

N.

Submission of Redfern Schedule for disputed document requests/ application to the Tribunal for Order on disputed requests for the production of documents

7 days

February 20, 2019

O.

Tribunal’s Order on the production of additional documents

14 days

March 6, 2019

P.

Production of additional documents as ordered by the Tribunal

14 days

March 20, 2019

Q.

Claimant’s Reply Memorial on the Merits and Damages

30 days

April 19, 2019

R.

Respondent’s Rejoinder Memorial on the Merits and Damages

45 days

June 3, 2019

S.

NAFTA Article 1128 Submissions and Amici Submissions/Applications

30 days

July 3, 2019

T.

Disputing Parties’ comments in response to Article 1128 Submissions and Amici Submissions/Applications

30 days

August 2, 2019

U.

Pre-hearing conference and List of Issues to the Disputing Parties per Article 22 of Procedural Order No. 1

30 days before V (approx.)

TBD

V.

Hearing on the Merits and Damages

TBD

TBD

2.2  As agreed by the Parties, each document production request should be the consequence of the pleadings and should identify with precision a statement, claim, or argument in the other Disputing Party’s pleading that warrants further discovery or additional documents.

Date: March 23, 2018

For the Arbitral Tribunal

Judge James R. Crawford, AC