Border Timbers Limited, Border Timbers International (Private) Limited, and Hangani Development Co. (Private) Limited v. Republic of Zimbabwe, ICSID Case No. ARB/10/25, Procedural Order 3 (January 11, 2013)
1. On 20 December 2012, the Claimants brought an urgent application in connection with alleged jurisdictional challenges and new defences pleaded by the Respondent in its Rejoinder filed with the Arbitral Tribunals on 14 December 2012 (the “Application”).
2. The Claimants seek an order that the alleged jurisdictional challenges and new defences, in so far as they relate to the Claimants’ case as pleaded in the Memorial, are inadmissible or, alternatively, an order directing that the jurisdictional challenges be joined to the merits of the cases, that an additional round of briefing on these and the new defences be scheduled, that certain documents in support of the Respondent’s Rejoinder be produced, and that new mutually acceptable hearing dates be set.
3. The Arbitral Tribunals have considered the Application and have decided unanimously as follows.