Summary

Decision on the Respondent's Request for Bifurcation of Quantum

(1) On 18 March 2026, the Tribunal conducted the First Session. At the First Session, the Respondent indicated its intention to apply for the bifurcation of the quantum stage of these proceedings from the determination of jurisdiction and liability.

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Now therefore, for the reasons set out above, the Tribunal hereby decides:

(1) In the First Stage of the proceedings, the Tribunal will determine jurisdiction and the merits together with the principles on which reparation (if any) should be awarded.

(2) The Tribunal will determine the calculation of the quantification of such reparation (if any) in a subsequent stage of the proceedings.

(3) For the purpose of the submissions and evidence to be filed in the First Stage, the Parties are directed to address:

a. Issues of jurisdiction/admissibility (if applicable);

b. Issues of liability;

c. Principles on which reparation (if any) should be determined, specifically:

i. Whether and if so how each of the Special Royalty and the Solidarity Contribution was a proximate cause of the Claimant's pleaded loss; and

ii. Which heads of loss would be recoverable if the Tribunal finds that either or both of the Special Royalty and the Solidarity Contribution constitute breach(es) of the Treaty.

(4) Further expert evidence on the calculation of any such quantification will not be required for the First Stage.

(5) In the event of a finding on liability, the Tribunal will consult with the Parties for purposes of laying down an expedited procedure for the quantum phase, including for the filing and hearing of expert evidence.

(6) The Parties are directed to consult and report to the Tribunal by 18 September 2026 on a procedural timetable for the First Stage in accordance with the Tribunal's order up to the date now fixed for the Hearing on 18-22 September 2028. The Parties are to notify the Tribunal if they are unable to agree, in which event the Tribunal will determine the timetable.

(7) Following either agreement or determination by the Tribunal, the Tribunal will issue a further procedural order for the First Stage.

(8) The costs associated with the Respondent's application for bifurcation are reserved.

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