Summary

Source: icsid.worldbank.org

I. PROCEDURAL BACKGROUND

1. On 16 January 2026, the Claimant filed its Reply on the Merits and Counter-Memorial on Jurisdiction (the "Reply"), in accordance with Procedural Order No. 7 ("PO7"). The Claimant submitted an expert report by Dr. Lutz Krahnefeld (the "Krahnefeld Report") with its Reply.

2. On 18 May 2026, the Respondent filed its Rejoinder on the Merits and Reply on Preliminary Objections (the "Rejoinder"), in accordance with PO7. The Respondent submitted an expert report by Professor Dr. Ferdinand Kirchhof (the "Kirchhof Report") with its Rejoinder.

3. By email of 5 June 2026 the Claimant applied to the Tribunal for an Order that the Kirchhof Report be "struck from the record as inadmissible and untimely" (the "Application").

4. The Tribunal invited the Respondent to reply to the Application. By letter of 12 June 2026, the Respondent opposed the Claimant's request.

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IV. ORDER

22. For the reasons given above, the Tribunal:

(a) dismisses the Application to strike the Kirchhof Report;

(b) permits the Claimant to file a short response to the Kirchhof Report by no later than 17 July 2026;

(c) permits the Respondent, should the Claimant file a response in accordance with (b) above, to file a short reply in accordance with para. 20 above by 20 August 2026;

(d) reserves the question of the costs of this Application to the Award.

On behalf of the Tribunal,

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