1. In Procedural Order No. 4, the Tribunal ruled on the Respondent’s First Request for the Production of Documents to the Tribunal of 8 January 2013 (Respondent’s Requests). In particular, paragraphs 11-18 addressed the Respondent’s Requests Nos. 3-11, all of which sought the disclosure of documents apparently relevant to the issue of whether the Claimant is able to establish that he is a qualified “Investor of a Party” as defined in Article 10.27 of the US-Oman FTA (FTA).
2. At paragraph 17 of Procedural Order No. 4 dated 5 February 2013, the Tribunal ordered both parties to file memoranda concerning the Respondent’s Requests Nos. 3-11. The Tribunal asked the Respondent to state whether it intends to challenge the jurisdiction of the Tribunal or admissibility of the claim pursuant to the definition of “Investor of a Party” in Article 10.27 FTA, and if so the precise nature of that challenge and the relevance and materiality of the documents requested in the Respondent’s Requests Nos. 3-11 to the challenge.
3. The Respondent delivered an undated memorandum on 15 February 2013 (Respondent’s submissions); the Claimant’s reply memorandum is dated 22 February 2013 and was delivered on that date (Claimant’s submissions).