WHEREAS on September 17, 2013, a conference call was held with the Disputing Parties and the Arbitral Tribunal, pursuant to paragraph 3 of Procedural Order No. 4; 

WHEREAS during the conference call the Arbitral Tribunal and the Disputing Parties discussed the possibility of having a round of document production on jurisdiction and admissibility, and discussed and agreed on a schedule for further written submissions on jurisdiction and admissibility;

WHEREAS by e-mail of September 20, 2013, the Disputing Parties requested the Arbitral Tribunal that the hearing on jurisdiction and admissibility be held on the week of March 17, 2014. While Claimant informed that a one-day hearing is sufficient, Respondent believes that two days will be necessary. As for location of the hearing, the Disputing Parties deferred to the preference of the Tribunal as to whether Toronto, New York or Washington D.C. is more convenient and cost effective.

THE TRIBUNAL DIRECTS AS FOLLOWS:

1. After hearing the Disputing Parties, the Tribunal decides that a document production phase is not necessary at this point of the proceedings.

2. The following procedural calendar was agreed by the Disputing Parties and the Arbitral Tribunal: