Apotex Holdings Inc. and Apotex Inc. v. United States of America (ICSID Case No. ARB(AF)/12/1), Procedural Order Concerning the Procedural Calendar (May 14, 2013)
1. Pursuant to Paragraph 14.2.7(v) of the First Procedural Order, the Claimants and the Respondent submitted to the Tribunal on 15 March 2013 disputes under their respective Schedules for document production for decision by the Tribunal, such decision to be issued on 29 March 2013 in accordance with the procedural timetable fixed by Paragraph 14.2.7(vi) of the First Procedural Order.
2. On 29 March 2013, the Tribunal issued its Procedural Order with regard to the Parties’ respective requests for document production in these arbitration proceedings (the “Order”).
3. It decided that as regards the privilege or privileges invoked or to be invoked by the Claimants and the Respondent respectively, each Party should prepare a privilege log identifying, by reference to any ordered document or (if not an identified document) any narrow and specific category of documentation, the particular privilege invoked by the Party concerned barring such production in these proceedings and the particular reasons for such bar in relation to such document or documentation (see paragraphs L and N of the Order).
4. The Tribunal specified that the opposing Party should have an opportunity to respond in writing to such privilege log, with the requesting Party being afforded a brief opportunity to reply to such response, also in writing (see paragraphs L and N of the Order).
5. The Tribunal further requested the Parties to consult amongst themselves with a view to agreeing on a timetable for the exchange of these privilege logs, further submissions and certifications as soon as possible, but no later than 19 April 2013; or, if no such agreement could be reached, the Parties would have to make their separate proposals to the Tribunal no later than 22 April 2013 (see paragraph Q of the Order).
6. On 19 April 2013, the Parties informed the Tribunal that pursuant to the Order, they had produced on that day certain responsive documents to each other. In addition, the Parties indicated that they remained actively engaged in discussions regarding these issues and in resolving delays to the completion of document production which had arisen. The Parties stated that they would keep the Tribunal informed of the result of their consultations.