On January 8, 2013, the President of the Tribunal, on behalf of the Tribunal, convened a telephone conference (“Conference Call”) with the Parties to discuss (1) outstanding procedural matters, (2) issues relating to the hearing originally scheduled for January 21-23, 2013, and (3) financial matters.
After consideration of the Parties’ written and oral submissions, the Tribunal issues this Procedural Order which records the Parties’ agreements and resolves the outstanding matters.
1. Procedural Matters
On December 18, 2012, the Claimants requested that the Tribunal (a) reconsider its Decision of December 12, 2012 not to allow oral testimony at the hearing of witnesses who had not submitted written witness statements and (b) exclude the Respondent’s expert reports submitted with its Rejoinder. On December 20, 2012, the Respondent objected to both requests.
In addition, during the Conference Call, the Claimants renewed their request (first stated in their Reply of October 17, 2012) for an in-person Pre-Hearing Conference under Arbitration Rule 21(2) during which the Claimants proposed to seek an amicable settlement of the dispute. The Respondent objected to this request both in its Rejoinder of November 28, 2012 and during the Conference Call, stating that it had no interest in pursuing settlement discussions through a Pre-Hearing Conference and, accordingly, did not join in the request.