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.