William Ralph Clayton, William Richard Clayton, Douglas Clayton, Daniel Clayton and Bilcon of Delaware Inc. v. Government of Canada, UNCITRAL, PCA Case No. 2009-04, Procedural Order No. 3 (June 3, 2009)
1.1 Joint consideration of jurisdiction and merits. As agreed between the Disputing Parties, the jurisdiction of the Tribunal shall be considered jointly with the merits (liability phase).
1.2 Bifurcation. The Tribunal orders bifurcation between the merits (liability) phase and, if any liability is found to exist, a damages (quantum) phase.
1.3 Timing of document production. Each Disputing Party shall have the opportunity of requesting the production of documents by the other Disputing Party pursuant to the procedure set out in Section 3 within 21 days of the receipt of this Procedural Order.
1.4 Timing of written submissions. Following document production, the Tribunal will fix a date for the commencement of the time period for the filing of the Memorial (“Day A”). As agreed between the Disputing Parties, the Claimants’ Memorial shall be submitted within 90 days of that date (“Day B”). The Respondent’s Counter-Memorial shall be submitted within 90 days of the receipt of the Claimants’ Memorial (“Day C”). The Claimants’ Reply shall be submitted within 60 days of the receipt of the Counter-Memorial (“Day D”). The Respondent’s Rejoinder shall be submitted within 60 days of the receipt of the Claimants’ Reply (“Day E”).
1.5 Indicative timetable. An indicative timetable for the initial phase of these proceedings is appended to this Procedural Order as Annex A.