Niko Resources Ltd NKRSF

Niko Resources VS Bangladesh

[Bigwhiskey]

Dragged out till Nov now 




ORDER D.1 The time for the Parties’ comments on the reports of the Tribunal Experts (the Reports) is extended to Monday 31 August 2015. These comments may include observations by the Parties’ experts. They must be strictly confined to a reply to the Reports, identifying seriatim the specific paragraph or portion of each Report to which each element of the comments is addressed. In any event, they must remain within the scope which has been assigned to the Tribunal Experts in their Terms of Reference; in particular they “shall not present a new evaluation, different in methodology” from that set forth by the respective expert of the Claimant or adopted within the relevant Committee Reports. No new factual allegations or evidence is admitted. D.2 Each party may respond to the other party’s comments by Wednesday 30 September 2015. These responses must be strictly limited to the points raised in the Parties’ comments, including any observations of the Parties’ experts. D.3 The Tribunals envisage a procedural consultation by telephone conference prior to the hearing and propose such consultation to be held during the week of 19 October 2015. D.4 The hearing in London from 2 to 6 November 2015 with possible prolongation to 7 November 2015 is confirmed. At the hearing the Tribunal Experts will be present. The Parties’ experts may also be present. The questioning of the experts will be conducted by the Tribunals. The Tribunals may hear the Tribunal Experts and the Parties’ experts collectively. They reserve the opportunity for Parties to question the Tribunal Experts on specified issues. D.5 The Tribunals will consult the Parties about other aspects of the hearing organisation, including the possibility of short opening statements. [signed] On behalf of the two Arbitral Tribunals Michael E. Schneider President 19 August 2015