WHEREAS, by letter dated 16 January 2015, the Respondent contended that the Claimant had submitted with its Rejoinder, for the first time, expert evidence on Australian law, in the form of a legal opinion by Justice Ian Callinan (“Callinan Report”); whereas the Respondent asserted that the Callinan Report was not submitted, as required, in rebuttal of the Respondent’s Reply; and whereas the Respondent requested that the Tribunal therefore exclude the Callinan Report from the record, considering the proximity to the hearing on preliminary objections (“Hearing”); 

WHEREAS, by letter dated 19 January 2015, the Claimant objected to the Respondent’s request to exclude the Callinan Report; and whereas the Claimant argued that the Respondent had significantly expanded the scope of its argument and expert evidence in respect of the “Non-Admission Objection” in its Reply, which in turn necessitated a broader rebuttal by the Claimant in respect of this preliminary objection in the Rejoinder; whereas the Claimant set out several points of Australian law that, in its view, were addressed by the Respondent for the first time in its Reply; and whereas the Claimant concluded that it should be permitted, as a matter of procedural fairness, to file the Callinan Report; 

WHEREAS, by separate letter dated 19 January 2015, the Claimant sought leave from the Tribunal to introduce into the record a recent award in the arbitration Renée Rose Levy and Gremcitel S.A. v. Republic of Peru (“Gremcitel Award”), noting that that Award had been made public subsequently to the filing of the Claimant’s Rejoinder; whereas the Claimant considered the Gremcitel Award to be relevant to the Respondent’s “Temporal Objection”, to be addressed at the upcoming Hearing; and whereas the Claimant proposed that, in the event that the Tribunal were to admit the Gremcitel Award, each Party should be allowed to comment on it within one week; 

WHEREAS the Tribunal has carefully reviewed the Parties’ arguments presented in the above-mentioned correspondence; and whereas, in view of the desirability of clarifying the status of the Callinan Report and the Gremcitel Award without delay, the Tribunal refrains from restating the Parties’ arguments in detail in the present Order;