In the Tribunal’s Decision Regarding Respondent’s Requests for Relief dated June 2, 2015 (the “Decision”), the Tribunal directed the Parties, inter alia, to consult and agree on (i) a new briefing schedule which includes Renco’s responsive submissions on the three arguments raised by Peru in its Preliminary Objection under Article 10.20.4 of the Treaty and (ii) a “separate and streamlined timetable to dispose of [the] discrete issue” of whether Renco, as alleged by Peru, is engaged in new and ongoing breaches of the waiver requirement contained in Article 10.18 of the Treaty.
On June 10, 2015, Renco requested the Tribunal to reconsider that portion of its Decision which directed the Parties to establish a separate timetable for the briefing of Renco’s alleged ongoing breaches of the waiver requirement. On June 17, 2015, Peru replied to the submissions made by Renco.
On June 20, 2015, the Tribunal issued Procedural Order No. 3 (“P.O. No. 3”) reiterating its direction to the Parties to consult and agree on a new briefing schedule and indicating that in the event the Parties were unable to maintain the hearing dates of September 1-2, 2015, the Tribunal offered December 14-16, 2015 in London as alternative hearing dates.
The Tribunal further declined to revise its Decision in respect of the alleged ongoing breaches by Renco of the waiver requirement. Accordingly, the Tribunal also reiterated its direction to the Parties to consult and agree on a “separate and streamlined timetable” to deal with the alleged ongoing breaches by Renco of the waiver requirement.