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7/12/2017 FW: ICC Case 18801/CYK/TO- Timelines for the various steps in the arbitration going forward
From: "phsharma" <phsharma@sail-bhilaisteel.com>

Subject: FW: ICC Case 18801/CYK/TO- Timelines for the various steps in the arbitration going forward
Date: Wed, July 12, 2017 09:21
To: rknehru55@gmail.com,"'RK Bhattacharya'" <rkbhattacharya@sail-
bhilaisteel.com>,aktripathi@meconlimited.co.in,girishsorte@sail-bhilaisteel.com
Cc: "Panigrahi R K" <rkpanigrahi@sail-bhilaisteel.com>,rakhitiwari@sail-bhilaisteel.com
Regards,
Pratyush Sharma
DGM (Proj-PCC)TK
Bhilai Steel Plant
-----Original Message-----
From: David Bateson [mailto:David.Bateson@39essex.com]
Sent: 11 July 2017 22:35
To: Phaguni Lal; Tariq Khan
Cc: Mukundakam Shah; Prakash Shah; Shashank Garg;
phsharma@sail-bhilaisteel.com; sumantbmathur@yahoo.com;
ashishrastogi.law@gmail.com; Padmaja Kaul; svetlana.london@cislondon.com;
Jafar Alam; anna.plotnikova@cislondon.com; a.degterev@omzglobal.com; Ketan
Gaur; Sitesh Mukherjee; ica4; Valeria Ivasikh
Subject: RE: ICC Case 18801/CYK/TO- Timelines for the various steps in the
arbitration going forward
Dear Sirs,
The Claimant has a legitimate complaint about the Respondent not being able
to comply with deadlines directed by the Tribunal , and even in this case
one proposed by the Respondent for service of a rebuttal experts report.
On the other hand in the interests of natural justice the Respondent should
be permitted to file some expert evidence , and this will probably assist
the Tribunal .
The Tribunal will allow the two week extension requested, but makes it clear
that no more extension will be permitted.
The Claimant will serve its reply experts report by 17 August 2017.
The respective experts should then try to reach agreement from 17 August to
31 August and produce a joint report of agreements and differences.
The rest of the timetable in PO.2 will remain.
Yours faithfully.
David Bateson.
President of the Tribunal .
________________________________________
From: Phaguni Lal [Phaguni.Lal@Trilegal.com]
Sent: 10 July 2017 17:38
To: David Bateson; Tariq Khan
ashishrastogi.law@gmail.com; Padmaja Kaul; svetlana.london@cislondon.com;
Jafar Alam; anna.plotnikova@cislondon.com; a.degterev@omzglobal.com; Ketan
Gaur; Sitesh Mukherjee; ica4; Valeria Ivasikh
Dear Sirs,
We write on behalf of the Claimants in the captioned matter.
http://mail.meconlimited.co.in/src/printer_friendly_main.php?passed_ent_id=0&mailbox=INBOX&passed_id=4897&view_unsafe_images=1 1/29
This is with regard to the communication of the Respondent dated 07 July

2017, wherein it has sought a further extension of two weeks from this
Hon'ble Tribunal for filing its rebuttal expert report. The Claimant
vehemently opposes the request for extension by the Respondent as it is not
only in complete disregard of this Hon'ble Tribunal's previous directions on
adhering to the timelines established but also grants an unfair advantage to
the Respondent by giving it substantial extra time to prepare its rebuttal
expert report. It is pertinent to state here that the Respondent itself
chose 12 July 2017 as the date for filing its rebuttal expert report after
having failed to adhere to original timeline established by this Hon'ble
Tribunal for filing of the rebuttal expert report, i.e. 19 May 2017. It is
submitted that the Respondent in blatant disregard of this Hon'ble
Tribunal's directions on adhering to the timelines has sought to further
postpose the filing of its rebuttal expert report by two weeks. On the other
hand, this Hon'ble Tribunal would appreciate that the Claimant has always
adhered to the timelines established by this Hon'ble Tribunal. Moreover, the
reasons cited by the Respondent for seeking an extension are baseless as the
Claimant too while dealing with voluminous records of an old project and
with its experts coordinating with the Claimant's counsels in London and the
Claimant's office in Russia, has been adhering to the timelines established
by this Hon'ble Tribunal. Moreover, such extension of time of two weeks, if
granted by the Hon'ble Tribunal, will squeeze all the remaining timelines in
the arbitration and put the parties in difficulty in preparing for the
preparing for the remaining timelines. In view of the foregoing, it is
prayed that the Hon'ble Tribunal take a strict view in this regard and not
grant a further extension to the Respondent for filing its rebuttal expert
report and if it all they be granted additional time, it ought not be more
than a week, i.e. 19 July 2017 and the costs of and occasioned by the
belated submission of the Respondent's expert rebuttal statement, be given
to the Claimant.
Separately, the Claimant believes that it is important for the parties to

conduct an 'Experts Meeting' and have a 'Joint Report by Experts on
agreements and disagreements'. It is submitted that the Joint Report will
not only be essential to crystallize the issues in controversy between the
experts of the parties but will also assist the parties and the Hon'ble
Tribunal during cross-examination of the experts.
Lastly, on the point of having oral closing statements, it is submitted that

the Claimant believes that there is no requirement for oral closing
submissions, as it would unnecessarily financially burden the parties.
Therefore, it is humbly requested that the Hon'ble Tribunal decide the above
issues and order the Respondent to strictly adhere to timelines and the
steps laid down by the
Hon'ble Tribunal.
Yours sincerely,
Phaguni Lal
Counsel on behalf of the Claimant

Sent: Friday, July 07, 2017 9:47 PM
To: Tariq Khan <tariq.khan@advaniandco.com>
Cc: Mukundakam Shah <mukundakam@gmail.com>; Prakash Shah
<ajitprakashshah@gmail.com>; Shashank Garg <shashank.garg@advaniandco.com>;
ashishrastogi.law@gmail.com; Padmaja Kaul <Padmaja.Kaul@Trilegal.com>;
svetlana.london@cislondon.com; Jafar Alam <Jafar.Alam@Trilegal.com>;
anna.plotnikova@cislondon.com; a.degterev@omzglobal.com; Ketan Gaur
<Ketan.Gaur@Trilegal.com>; Sitesh Mukherjee <Sitesh.Mukherjee@Trilegal.com>;
ica4 <ica4@iccwbo.org>; Phaguni Lal <Phaguni.Lal@Trilegal.com>; Valeria
Ivasikh <valeria.ivasikh@cislondon.com>
Subject: Re: ICC Case 18801/CYK/TO- Timelines for the various steps in the
Dear Sirs,
The Claimant should respond to the proposed revised timetable set out by the
Respondent .
The Tribunal expects this response early next week.
Yours faithfully.
David Bateson .
President of the Tribunal.
Sent from my iPad
On 7 Jul 2017, at 5:30 PM, Tariq Khan

<tariq.khan@advaniandco.com<mailto:tariq.khan@advaniandco.com>> wrote:
Dear Sirs,
This is in reference to Ld. Tribunal's correspondence dated June 23, 2017

wherein the Ld. Tribunal had fixed July 12, 2017 as the date for filing
Respondent's Rebuttal Experts Report.
Kindly note that our Expert is in the process of preparing the Rebuttal
Report and for the said reason, our Expert is coordinating with Respondent's
Counsel, Respondent's Corporate office in Delhi and Respondent's office in
Bhilai. Also, the Expert is reviewing voluminous documents pertaining to the
case and the Expert has requested the Respondent to furnish various
documents and information which will be relevant for preparing the Rebuttal
Report.
That the Respondent is tracing the record available with it and this task is
taking some more time than expected as the project in question is very old.
For the foregoing reasons, our Expert has indicated that preparation of the
Rebuttal report will take more time than expected and thus, we request this
Hon'ble Tribunal to give an extension of two weeks for filing the Rebuttal
Expert Report.
We have informed the counsel for the Claimant about this and also that there
may not be a need to hold any 'Experts Meeting' and 'Joint Report by Experts
on agreements and disagreements' as the Claimant will be filing a Reply to
the Rebuttal Expert Report filed by our Expert. Therefore, we request the
Ld. Tribunal to kindly consider our request and grant us an extension of two
weeks for filing the Rebuttal Expert Report.
We assure the Ld. Tribunal that this extension will not affect the dates
already fixed by the Ld. Tribunal for Chronological Agreed Bundle of
documents, Written Opening Submissions and Hearing dates.
Kindly also note that the dates proposed by the Ld. Tribunal i.e. 28 to 30
November for oral hearing are suitable to us. Also, we suggest brief oral
closings.
In light of above, we propose the following revised timeline:
Progress
Timelines
Rebuttal Expert Report by Respondent
27 July 2017
Claimant's Reply Experts Report
17 August 2017
Chronological Agreed Bundle of documents
24 August 2017
Written Opening Submissions
1 September 2017
Hearing at Habitat Centre Delhi
10 days
17 to 27 September 2017
Final oral arguments
28 to 30 November
Kind regards,
Tariq Khan
Associate
Advani & Co., Delhi
Office Particulars
268, Ground Floor,
Masjid Moth, Uday Park,
New Delhi, India 110049
+91-11-40582732 - Phone
+91-11-41041639 - Telefax
+91-9999663628 - Mobile
Tariq.khan@advaniandco.com<mailto:Tariq.khan@advaniandco.com>
Advani & Co. Ranks and Awards in 2013-2015

include<http://www.advaniandco.com/>
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Arbitration Band 1
INDIA
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Lists Advani & Co. for Arbitration
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Sent: Friday, June 23, 2017 8:24 AM
To: Phaguni Lal; Shashank Garg; Valeria Ivasikh
Cc: Mukundakam Shah; Prakash Shah;
phsharma@sail-bhilaisteel.com<mailto:phsharma@sail-bhilaisteel.com>;
sumantbmathur@yahoo.com<mailto:sumantbmathur@yahoo.com>;
ashishrastogi.law@gmail.com<mailto:ashishrastogi.law@gmail.com>; Padmaja
Kaul; svetlana.london@cislondon.com<mailto:svetlana.london@cislondon.com>;
Jafar Alam;
anna.plotnikova@cislondon.com<mailto:anna.plotnikova@cislondon.com>;
a.degterev@omzglobal.com<mailto:a.degterev@omzglobal.com>; Ketan Gaur;
Sitesh Mukherjee; ica4; Tariq Khan
Dear Parties,
The front page of PO.2 has "Draft" on.
Please replace it with this version.
Regards
David Bateson
Presiding Arbitrator
Tel: +44 (0) 207 832 1111

Fax: +44 (0) 207 353 3978
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From: David Bateson

Sent: 23 June 2017 10:43
To: 'Phaguni Lal'
<Phaguni.Lal@Trilegal.com<mailto:Phaguni.Lal@Trilegal.com>>; Shashank Garg
<shashank.garg@advaniandco.com<mailto:shashank.garg@advaniandco.com>>;
Valeria Ivasikh
<valeria.ivasikh@cislondon.com<mailto:valeria.ivasikh@cislondon.com>>
Cc: Mukundakam Shah <mukundakam@gmail.com<mailto:mukundakam@gmail.com>>;
Prakash Shah <ajitprakashshah@gmail.com<mailto:ajitprakashshah@gmail.com>>;
Kaul <Padmaja.Kaul@Trilegal.com<mailto:Padmaja.Kaul@Trilegal.com>>;
svetlana.london@cislondon.com<mailto:svetlana.london@cislondon.com>; Jafar
Alam <Jafar.Alam@Trilegal.com<mailto:Jafar.Alam@Trilegal.com>>;
a.degterev@omzglobal.com<mailto:a.degterev@omzglobal.com>; Ketan Gaur
<Ketan.Gaur@Trilegal.com<mailto:Ketan.Gaur@Trilegal.com>>; Sitesh Mukherjee
<Sitesh.Mukherjee@Trilegal.com<mailto:Sitesh.Mukherjee@Trilegal.com>>; ica4
<ica4@iccwbo.org<mailto:ica4@iccwbo.org>>; Tariq Khan
<tariq.khan@advaniandco.com<mailto:tariq.khan@advaniandco.com>>
Dear Parties,
The Tribunal is grateful for the agreement on the remaining timetable.
As to transcription services ,please advise what arrangements have been

made.? For my part I need a daily transcript ,as having to take notes means
that I cannot fully concentrate on the testimony. The daily transcript is
also invaluable for counsel's cross examination, final oral or written
submissions ,and drafting the final award.
As to whether oral or written closing are preferred ,extra costs will be

incurred if a final hearing is convened for oral closings two months after
the hearing . I am also not available 14 to 18 November , the time proposed
for these oral closings, although I am free 28 to 30 November. .For all
these reasons, I request the parties to consider final written closings,
including all case authorities, say one or two months after conclusion of
the September hearing. If however, the parties insist on oral closings ,then
once the final hearing is fixed , I will apply to the ICC Court for an
extension of the time limit for a final award. If however, the parties agree
to final written openings, I will still need to apply for an extension as
final award is required three months after the closings. Please consult and
revert early next week.
I see no need for a Pre-Hearing directions teleconference at this time, in

light of the agreement on the remaining timetable. It may be necessary to
convene one nearer the hearing.
Yours faithfully.
David Bateson
Tel: +44 (0) 207 832 1111

Fax: +44 (0) 207 353 3978
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London:
T +44 (0) 20 7832 1111
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81 Chancery Lane,
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Singapore:
T +(65) 6634 1336
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Maxwell Chambers,
32 Maxwell Road,
#02-16, Singapore
069115
Kuala Lumpur:
T +(60) 32 271 1085
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5000 Kuala Lumpur,
Malaysia
+44 20 7832 1111 Fax + 44 20 7353 3978
From: Phaguni Lal [mailto:Phaguni.Lal@Trilegal.com]

Sent: 22 June 2017 23:30
To: David Bateson
<David.Bateson@39essex.com<mailto:David.Bateson@39essex.com>>; Shashank Garg
Valeria Ivasikh
<ica4@iccwbo.org<mailto:ica4@iccwbo.org>>; Tariq Khan
Subject: Re: ICC Case 18801/CYK/TO- Timelines for the various steps in the
Dear Sirs,
We write on behalf of the Claimant in the captioned arbitration proceedings.
In view of the directions of this Hon'ble Tribunal, vide its email dated 21
June 2017, the Parties have agreed on the timelines for the various steps in
the arbitration going forward. Please find below a table indicating the
steps and their respective timelines agreed to by the Parties.
Progress
Timelines
Rebuttal Expert Report by Respondent
12 July 2017
Claimant's Additional Expert Report
3 August 2017
Meetings of Experts to try to agree issues (like disciplines)
7/8 August 2017
Report by Experts on agreements and disagreements
17 August 2017
Chronological Agreed Bundle of documents
24 August 2017
Opening Submissions
1 September 2017
Hearing
15 September 2017 to 27 September 2017
Final oral arguments
14 November 2017 to 18 November 2017
Simultaneous submission of case law compilation by both parties *
[To be decided by the Hon'ble Tribunal]
*Parties have not been able to agree on a timeline for the same.
Further, in view of this Hon'ble Tribunal's direction dated 15 June 2017,

the Claimant is available to connect by teleconference on Friday, 23 June
2017 at 4.30 pm IST, should the Hon'ble Tribunal want to conduct a
directions hearing for settling the remaining timetable for the arbitration.
Yours sincerely,
Phaguni Lal
________________________________
From: David Bateson
<David.Bateson@39essex.com<mailto:David.Bateson@39essex.com>>
Sent: 21 June 2017 08:18
To: Shashank Garg; Valeria Ivasikh
Cc: Mukundakam Shah; Prakash Shah;
Jafar Alam;
Sitesh Mukherjee; ica4; Phaguni Lal; Tariq Khan
Subject: RE: ICC Case 18801/CYK/TO- Factual Statements
Dear Sirs,
The Tribunal has consulted, and grants permission to the Respondent to file
a rebuttal expert report within three weeks, which is by 12 July 2017, on
the following conditions;
1. The Claimant has liberty to file a reply experts report by 3 August

2017, in response to the rebuttal expert report.
2. Costs of and occasioned by the application to file a rebuttal expert

report ,including the preparation of a reply experts report, be the
Claimant's in any event. I made a similar order in my email of 17 June 2017.
3. The Hearing fixed for September 2017 is unaffected.
The parties should immediately consult on the revised procedural timetable

up to the hearing, including not only items already covered in PO.1 ,but
remaining matters such as the preparation of the agreed bundle, and whether
and when written oral openings will be served. I expect to have a report by
close of business this Thursday on any agreement reached ,or matters that
could not be agreed with a party's proposals on these.
Yours faithfully.
David Bateson
Tel: +44 (0) 207 832 1111
Fax: +44 (0) 207 353 3978
m/>
London:
T +44 (0) 20 7832 1111
<image006.gif>
81 Chancery Lane,
London,
WC2A 1DD
Manchester:
T +44 (0)16 1870 0333
<image006.gif>
82 King Street,
Manchester,
M2 4WQ
Singapore:
T +(65) 6634 1336
<image006.gif>
Maxwell Chambers,
32 Maxwell Road,
#02-16, Singapore
069115
Kuala Lumpur:
T +(60) 32 271 1085
<image006.gif>
5000 Kuala Lumpur,
Malaysia
+44 20 7832 1111 Fax + 44 20 7353 3978
From: Shashank Garg [mailto:shashank.garg@advaniandco.com]
Sent: 17 June 2017 02:17
To: Valeria Ivasikh
Cc: David Bateson
<David.Bateson@39essex.com<mailto:David.Bateson@39essex.com>>; Mukundakam
Shah <mukundakam@gmail.com<mailto:mukundakam@gmail.com>>; Prakash Shah
<ajitprakashshah@gmail.com<mailto:ajitprakashshah@gmail.com>>;
<ica4@iccwbo.org<mailto:ica4@iccwbo.org>>; Phaguni Lal
<Phaguni.Lal@Trilegal.com<mailto:Phaguni.Lal@Trilegal.com>>; Tariq Khan
Subject: Re: ICC Case 18801/CYK/TO- Factual Statements
Dear Sirs,
Keeping in mind the unnecessary and strong objection on procedural

technicalities, we assure the tribunal that out rebuttal affidavits will be
made available by Monday, the reason for the last minute request for
extension was the same as we were hoping to file them within the deadline
itself. Also, on the points raised by the claimant's counsel with respect to
adherence to deadlines is concerned, we wish to state that we have been
reasonable and sincere in our efforts to meet the deadlines prescribed by
the Hon'ble Tribunal. In the past also any request made by the respondent
was without malafide and backed by circumstances, we again reiterate that it
will be our sincere endeavor to adhere to all directions of the tribunal.
Having said so we are well within our right to seek reasonable extension
whenever necessary in order to assist this tribunal with complete facts and
evidence, the Tribunal may give a ruling as per its assessment of our
request on both accounts.
To add further clarity to the aspect of rebuttal affidavit of the expert

witness, we would like to point out that we are not filing any expert report
and by this exercise we would only rebutt the finding of the financial
expert if permitted.
Kind regards,
Shashank Garg
Sent from my iPhone
On 16-Jun-2017, at 9:55 PM, Valeria Ivasikh

<valeria.ivasikh@cislondon.com<mailto:valeria.ivasikh@cislondon.com>> wrote:
Dear Mr Bateson,
Further to the email of Ms Lal below, I was writing to reiterate our concern
regarding the Respondent's request.
I would like to reassure the Hon'ble Tribunal that the Claimant is ready to
file its rebuttal statements of fact witnesses. However, filing the same
today would put the Claimant at a disadvantage, as there would be no
simultaneous exchange of documents.
In the absence of the Hon'ble Tribunal's decision on the Respondent's

request - and with the deadline fast approaching - the Claimant is reduced
to humbly requesting the Hon'ble Tribunal to let the parties know of its
decision, and should there be no decision by 23:00 IST, the Claimant will
file the rebuttals next week only if so directed by the Hon'ble Tribunal .
Sincerely,
Valeria Ivasikh

Sent: 16 June 2017 08:39
To: David Bateson; Tariq Khan
Jafar Alam;
anna.plotnikova@cislondon.com<mailto:anna.plotnikova@cislondon.com>; Valeria
Ivasikh; a.degterev@omzglobal.com<mailto:a.degterev@omzglobal.com>; Ketan
Gaur; Sitesh Mukherjee; ica4
Dear Sirs,
This is with regard to the communication of the Respondent dated 15 June,

2017, wherein it has sought an extension of three weeks from this Hon'ble
Tribunal for filing its rebuttal expert reports. The Claimant states that
not only is the request for extension by the Respondent belated and in
complete disregard of this Hon'ble Tribunal's previous directions on
adhering to the timelines established, but will also grant an unfair
advantage of giving substantial extra time to the Respondent to prepare its
rebuttal expert reports. Further, as rightly pointed out by this Hon'ble
Tribunal, allowing the Respondent liberty to file its expert reports after
six weeks of the submission of the expert reports by the Claimant and
rebuttal statements of fact witnesses after one week of the stipulated
timeline, will cause grave prejudice to the Claimant as the Respondent would
in effect have read the Claimant's expert reports, analysed the opinions
therein and then would draft a rebuttal report to the same while also
fortifying its counter claim. As also rightly note by the Hon'ble Tribunal,
in the event an expert statement is filed, the Claimant would also require
additional time to file a Supplementary Response Report. Further, granting
the Respondent an extension of three weeks will completely disrupt the
future timelines for the various submissions in the matter.
In addition to the Hon'ble Tribunal's observations, the Claimant would also

like to point out that the documents upon which the Respondent relies upon
for its counter claim pertaining to the purchase of LOX have also not been
annexed by the Respondent with its witness statements, and it is only upon
the direction of this Hon'ble Tribunal that the Respondent has initiated the
process of collating the said documents. These documents should have
ordinarily been annexed by the Respondent with its Statement of Defence or
at the least with its witness statements, which refer to the said documents.
Even now the Respondent requires additional time to submit these documents.
It is pertinent to note that the Claimant requires these documents to
respond to the Respondents counter claim and the witness statements relating
to this aspect and hence would require additional time for doing so. Hence
the Claimant requests the Hon'ble Tribunal to lay down a timeline for the
Respondent to provide the Claimant with the required documents and
subsequently grant additional time to the Claimant to file a statement in
this regard.
The Claimant has adhered to the timelines laid down by the Hon'ble Tribunal
and is ready to file its rebuttal statements of fact witnesses. However, as
the exchange of the rebuttal statements of fact witnesses has to be
simultaneous, and the Respondent isn't ready with its rebuttal statements,
the Claimant cannot file its rebuttal statements of fact witnesses as it
would be unfair and prejudicial to the Claimant's case.
We request the Hon'ble Tribunal to take a strict view in this regard and not
permit the Respondent to breach the timelines laid down by the Hon'ble
Tribunal with the parties consent. In the event the Hon'ble Tribunal does
permit an extension of timeline, it should be a short one and costs should
be imposed on the Respondent so as to deter it from repeating such acts.
Yours sincerely,
Phaguni Lal
Phaguni Lal
Associate
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Sent: Friday, June 16, 2017 7:33 AM
To: Tariq Khan
Shashank Garg
Kaul <Padmaja.Kaul@Trilegal.com<mailto:Padmaja.Kaul@Trilegal.com>>; Phaguni
Lal <Phaguni.Lal@Trilegal.com<mailto:Phaguni.Lal@Trilegal.com>>;
anna.plotnikova@cislondon.com<mailto:anna.plotnikova@cislondon.com>; Valeria
Ivasikh
<valeria.ivasikh@cislondon.com<mailto:valeria.ivasikh@cislondon.com>>;
<ica4@iccwbo.org<mailto:ica4@iccwbo.org>>
Subject: Re: ICC Case 18801/CYK/TO- Factual Statements
Dear Sirs,
The Tribunal awaits the Claimant's response, but notes in the meantime :
1. The request to extend the deadline for Rebuttal Witness Statements is

made by the Respondent, not for the first time, on the day the deadline
expired.It<http://expired.It> must have been clear earlier they were not
able to be served by the deadline . Please explain why you waited until the
last moment ?
2. Contrary to your assertion that justice will be served, and there will be
no prejudice, if the Respondent serves a Rebuttal Experts Report, this may
cause prejudice to the Claimant , as the purpose of an order for exchange of
reports , is to ensure neither party gains an advantage in reading what the
other expert's opinions are beforehand. Please advise how the Respondent
envisages the remaining timetable in PO.1 will revised , if leave is granted
for the Respondent to serve a Rebuttal Expert Report. Presumably, the
Claimant's expert should be given the right to serve a Supplementary
Response Report.?
I look forward to hearing from you.
Yours faithfully.
David Bateson .
President of the Tribunal .
Sent from my iPad
On 15 Jun 2017, at 10:37 PM, Tariq Khan

<tariq.khan@advaniandco.com<mailto:tariq.khan@advaniandco.com>> wrote:
Dear Sir,
We write to you on behalf of the Respondent/Counter Claimant.
It is correct that the Respondent has not served any expert report however,
the Respondent would like to seek an extension of three weeks for filing its
Rebuttal Experts Reports. That we received in-principle approval from the
competent authority for engaging an expert for preparing Rebuttal Experts
Reports at a belated stage and action has already been initiated. These
Rebuttal Experts Reports would also assist the Ld. Tribunal in analyzing the
Experts Reports of the Claimant in a better light.
Also, in spite of our best efforts, we could not prepare our Rebuttal
Factual Statements in the given timeline schedule. Hence, we request this
Hon'ble Tribunal to kindly extend the deadline for both parties for filing
their factual statements to one week i.e. till June 22, 2017.
We will be extremely grateful if these extensions are granted in the

interest of justice as no prejudice will be caused to the Claimant if our
request is allowed by the Ld. Tribunal.
We deeply regret the inconvenience caused.
Kind regards,
Tariq Khan
Associate
Advani & Co., Delhi
Office Particulars
268, Ground Floor,
+91-11-40582732 - Phone
+91-11-41041639 - Telefax
+91-9999663628 - Mobile

<image002.png>
Arbitration Band 1
INDIA
<image003.jpg>
INDIA
_________

Sent: Thursday, June 15, 2017 3:40 PM
To: Tariq Khan; 'Mukundakam Shah'; 'Prakash Shah'
Cc: 'Shashank Garg';
ashishrastogi.law@gmail.com<mailto:ashishrastogi.law@gmail.com>; 'Padmaja
Kaul'; 'Phaguni Lal';
svetlana.london@cislondon.com<mailto:svetlana.london@cislondon.com>; 'Jafar
Alam'; anna.plotnikova@cislondon.com<mailto:anna.plotnikova@cislondon.com>;
'Valeria Ivasikh';
a.degterev@omzglobal.com<mailto:a.degterev@omzglobal.com>; 'Ketan Gaur';
'Sitesh Mukherjee'; 'ica4'
Dear Parties,
In accordance with PO.1, the parties are due to exchange Rebuttal Factual
Statements between 9 to 16 June 2017. i.e tomorrow is the deadline.
As the Respondent did not serve any expert reports , the Tribunal assumes
that there will be no Rebuttal Experts Reports exchanged ,or any expert
meetings. This being the case, I propose that a directions hearing be
convened next week to fix the remainder of the procedural timetable to the
hearing, which was also contemplated by PO.1. The parties should try to
reach agreement on the remaining timetable, including ; the agreed bundle
for the hearing, when written opening statements will be served ,or are oral
opening statements at the hearing preferred, and transcription services at
the hearing etc
If this is acceptable, I propose a directions hearing by teleconference on

Friday 23 June 2017 ,but need to check my fellow arbitrators availability
,and the parties. I suggest 4.30pm New Delhi time ,which is 11.30am London
time and 6.30pm Singapore time.
Yours faithfully.
David Bateson
Tel: +44 (0) 207 832 1111
Fax: +44 (0) 207 353 3978
<image001.jpg><http://www.39essex.com/>
London:
T +44 (0) 20 7832 1111
<image006.gif>
81 Chancery Lane,
London,
WC2A 1DD
Manchester:
T +44 (0)16 1870 0333
<image006.gif>
82 King Street,
Manchester,
M2 4WQ
Singapore:
T +(65) 6634 1336
<image006.gif>
Maxwell Chambers,
32 Maxwell Road,
#02-16, Singapore
069115
Kuala Lumpur:
T +(60) 32 271 1085
<image006.gif>
5000 Kuala Lumpur,
Malaysia
+44 20 7832 1111 Fax + 44 20 7353 3978
From: David Bateson

Sent: 14 June 2017 15:45
To: 'Tariq Khan'
<tariq.khan@advaniandco.com<mailto:tariq.khan@advaniandco.com>>; 'Mukundakam
Shah' <mukundakam@gmail.com<mailto:mukundakam@gmail.com>>; 'Prakash Shah'
<ajitprakashshah@gmail.com<mailto:ajitprakashshah@gmail.com>>
Cc: 'Shashank Garg'
Kaul' <Padmaja.Kaul@Trilegal.com<mailto:Padmaja.Kaul@Trilegal.com>>;
'Phaguni Lal' <Phaguni.Lal@Trilegal.com<mailto:Phaguni.Lal@Trilegal.com>>;
Alam' <Jafar.Alam@Trilegal.com<mailto:Jafar.Alam@Trilegal.com>>;
'Valeria Ivasikh'
a.degterev@omzglobal.com<mailto:a.degterev@omzglobal.com>; 'Ketan Gaur'
<Ketan.Gaur@Trilegal.com<mailto:Ketan.Gaur@Trilegal.com>>; 'Sitesh
Mukherjee'
<Sitesh.Mukherjee@Trilegal.com<mailto:Sitesh.Mukherjee@Trilegal.com>>;
'ica4' <ica4@iccwbo.org<mailto:ica4@iccwbo.org>>
Dear Mr Khan,
This noted and understood by the Tribunal.
Yours faithfully.
David Bateson
Tel: +44 (0) 207 832 1111
Fax: +44 (0) 207 353 3978
London:
T +44 (0) 20 7832 1111
<image006.gif>
81 Chancery Lane,
London,
WC2A 1DD
Manchester:
T +44 (0)16 1870 0333
<image006.gif>
82 King Street,
Manchester,
M2 4WQ
Singapore:
T +(65) 6634 1336
<image006.gif>
Maxwell Chambers,
32 Maxwell Road,
#02-16, Singapore
069115
Kuala Lumpur:
T +(60) 32 271 1085
<image006.gif>
5000 Kuala Lumpur,
Malaysia
+44 20 7832 1111 Fax + 44 20 7353 3978
From: Tariq Khan [mailto:tariq.khan@advaniandco.com]

Sent: 14 June 2017 13:57
To: David Bateson
<David.Bateson@39essex.com<mailto:David.Bateson@39essex.com>>; 'Mukundakam
Shah' <mukundakam@gmail.com<mailto:mukundakam@gmail.com>>; 'Prakash Shah'
Cc: 'Shashank Garg'
Kaul' <Padmaja.Kaul@Trilegal.com<mailto:Padmaja.Kaul@Trilegal.com>>;
'Phaguni Lal' <Phaguni.Lal@Trilegal.com<mailto:Phaguni.Lal@Trilegal.com>>;
Alam' <Jafar.Alam@Trilegal.com<mailto:Jafar.Alam@Trilegal.com>>;
'Valeria Ivasikh'
a.degterev@omzglobal.com<mailto:a.degterev@omzglobal.com>; 'Ketan Gaur'
<Ketan.Gaur@Trilegal.com<mailto:Ketan.Gaur@Trilegal.com>>; 'Sitesh
Mukherjee'
<Sitesh.Mukherjee@Trilegal.com<mailto:Sitesh.Mukherjee@Trilegal.com>>;
'ica4' <ica4@iccwbo.org<mailto:ica4@iccwbo.org>>
Dear Sirs,
This is pursuant to Tribunal's Correspondence dated June 12, 2017 wherein

the Ld. Tribunal directed the Respondent to provide to the Claimant, top 10
invoices from 1 August 2008 to 24 May 2011 of LOX (by value and volume).
Kindly note that we are in the process of tracing the top 10 invoices and
this exercise will take at least 8-10 working days as the invoices are very
voluminous and the Respondent has to go through the whole record to identify
the top 10 invoices.
We undertake to provide the said invoices to the Claimant at the earliest.
Kind regards,
Tariq Khan
Associate
Advani & Co., Delhi
Office Particulars
268, Ground Floor,
+91-11-40582732 - Phone
+91-11-41041639 - Telefax
+91-9999663628 - Mobile

<image002.png>
Arbitration Band 1
INDIA
<image003.jpg>
INDIA
_________

Sent: Monday, June 12, 2017 9:58 AM
To: Phaguni Lal; Mukundakam Shah
(mukundakam@gmail.com<mailto:mukundakam@gmail.com>); Prakash Shah
(ajitprakashshah@gmail.com<mailto:ajitprakashshah@gmail.com>)
Cc: 'Shashank Garg';
Jafar Alam;
'Valeria Ivasikh';
Sitesh Mukherjee; Tariq Khan
Dear Sirs,
The Tribunal considers that the Claimant's request is reasonable.
Accordingly, the Respondent is directed to provide to the Claimant ,as soon

as reasonably possible, the top 10 invoices from 1 August 2008 to 24 May
2011 of LOX (by value and volume).
Yours faithfully
David Bateson
Tel: +44 (0) 207 832 1111
Fax: +44 (0) 207 353 3978
London:
T +44 (0) 20 7832 1111
<image006.gif>
81 Chancery Lane,
London,
WC2A 1DD
Manchester:
T +44 (0)16 1870 0333
<image006.gif>
82 King Street,
Manchester,
M2 4WQ
Singapore:
T +(65) 6634 1336
<image006.gif>
Maxwell Chambers,
32 Maxwell Road,
#02-16, Singapore
069115
Kuala Lumpur:
T +(60) 32 271 1085
<image006.gif>
5000 Kuala Lumpur,
Malaysia
+44 20 7832 1111 Fax + 44 20 7353 3978

Sent: 08 June 2017 21:37
To: David Bateson
<David.Bateson@39essex.com<mailto:David.Bateson@39essex.com>>; Mukundakam
Shah (mukundakam@gmail.com<mailto:mukundakam@gmail.com>)
<mukundakam@gmail.com<mailto:mukundakam@gmail.com>>; Prakash Shah
Cc: 'Shashank Garg'
'Valeria Ivasikh'
<Sitesh.Mukherjee@Trilegal.com<mailto:Sitesh.Mukherjee@Trilegal.com>>; Tariq
Khan <tariq.khan@advaniandco.com<mailto:tariq.khan@advaniandco.com>>
Dear Sirs,
This is with regard to the factual witness statements filed by the

Respondent in the captioned matter. At para 12 of the witness statement of
Mr. R.K. Bhattacharjee (Respondent Witness No.3), he has stated that as the
invoices /documents supporting the financial calculation of the volume and
price data of LOX bought by the Respondent over the period 1 August 2008 to
24 May 2011 ("said invoices /documents") are voluminous, the same could not
be adduced along with his statement. Further, he has undertaken to make the
complete record of the said invoices /documents available, should the
Hon'ble Tribunal order him to produce the same. The Claimant humbly submits
that it requires the said invoices/documents as they are essential for the
Claimant to rebut the statement of Mr. R.K. Bhattacharjee . The Claimant
understands that the said invoices/documents are voluminous and it will be a
mammoth task for the Respondent to produce the complete record of the same.
In view of the foregoing, the Claimant humbly requests this Hon'ble Tribunal
to direct the Respondent to provide only the top 10 invoices for each month
for the period 1 August 2008 to 24 May 2011 of LOX (by value and volume).
Yours sincerely,
Phaguni Lal
Phaguni Lal
Associate
__
Trilegal
311 B, DLF South Court
Saket, New Delhi 110 017, India
__
T +91 11 4163 9393<tel:%2B91%2011%204163%209393>
D +91 11 4259 9<tel:%2B91%2011%204259%209220>358
F +91 11 4163 9292<tel:%2B91%2011%204163%209292>
__
CONFIDENTIALITY NOTE
The contents of this message may be legally privileged and confidential, for
the use of the intended recipient(s) only. It should not be read, copied and
used by anyone other than the intended recipient. If you have received this
message in error, please immediately notify us at the above co-ordinates,
preserve its confidentiality and delete it from your system. Thank you.

Sent: Sunday, May 21, 2017 12:42 PM
To: Phaguni Lal <Phaguni.Lal@Trilegal.com<mailto:Phaguni.Lal@Trilegal.com>>;
Padmaja Kaul <Padmaja.Kaul@Trilegal.com<mailto:Padmaja.Kaul@Trilegal.com>>;
'Valeria Ivasikh'
Cc: 'ica4' <ica4@iccwbo.org<mailto:ica4@iccwbo.org>>; 'Shashank Garg'
phsharma@sail-bhilaisteel.com<mailto:phsharma@sail-bhilaisteel.com>; Tariq
Khan <tariq.khan@advaniandco.com<mailto:tariq.khan@advaniandco.com>>;
Mukundakam Shah (mukundakam@gmail.com<mailto:mukundakam@gmail.com>)
<mukundakam@gmail.com<mailto:mukundakam@gmail.com>>; Prakash Shah
Dear Claimant's Team,
I note the complaint today from Counsel on behalf of the Claimant that the
Respondent had not filed its factual and expert witness statements, in
accordance with the procedural timetable.
Please find attached the Respondent's statements filed with the Tribunal on
19 May 2017 ,but not copied to the Claimant.
For reasons I am not aware of ,exchange of statements was not simultaneous.?
In future ,all communications should be simultaneously copied to the other

side ,the Tribunal and the ICC.
Yours faithfully.
David Bateson
Tel: +44 (0) 207 832 1111
Fax: +44 (0) 207 353 3978
London:
T +44 (0) 20 7832 1111
<image006.gif>
81 Chancery Lane,
London,
WC2A 1DD
Manchester:
T +44 (0)16 1870 0333
<image006.gif>
82 King Street,
Manchester,
M2 4WQ
Singapore:
T +(65) 6634 1336
<image006.gif>
Maxwell Chambers,
32 Maxwell Road,
#02-16, Singapore
069115
Kuala Lumpur:
T +(60) 32 271 1085
<image006.gif>
5000 Kuala Lumpur,
Malaysia
+44 20 7832 1111 Fax + 44 20 7353 3978
From: Tariq Khan [mailto:tariq.khan@advaniandco.com]

Sent: 19 May 2017 22:33
To: David Bateson
<David.Bateson@39essex.com<mailto:David.Bateson@39essex.com>>;
mukundakam@gmail.com<mailto:mukundakam@gmail.com>;
ajitprakashshah@gmail.com<mailto:ajitprakashshah@gmail.com>
Cc: 'ica4' <ica4@iccwbo.org<mailto:ica4@iccwbo.org>>; 'Shashank Garg'
phsharma@sail-bhilaisteel.com<mailto:phsharma@sail-bhilaisteel.com>
Subject: ICC Case 18801/CYK/TO- Factual Statements
Dear Sirs,
This is with reference to the timelines established by the Hon'ble Tribunal

for the submission of Witness Statements by the parties by 19.05.2017 vide
its Procedural Order No.1 dated 14th November, 2016 ("Procedural Order").
Please find attached the Witness Affidavits of the following Witnesses on

behalf of the Respondent:
1. Mr. R.K. Nehru , RW-1
2. Mr. Ashish Kumar Tripathi, RW-2
3. Mr. R.K. Bhattacharjee, RW-3
Kindly note that we are not marking the counsels on behalf of the Claimant
in this email to ensure that the exchange of Witness Affidavits is
simultaneous. The hard copies of the Witness Affidavits are being sent to
your good offices through courier.
Kind regards,
Tariq Khan
Associate
Advani & Co., Delhi
Office Particulars
268, Ground Floor,
+91-11-40582732 - Phone
+91-11-41041639 - Telefax
+91-9999663628 - Mobile

<image002.png>
Arbitration Band 1
INDIA
<image003.jpg>
INDIA
_________

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7/12/2017 FW: ICC Case 18801/CYK/TO- Timelines for the various steps in the arbitration going forward

From: "phsharma" <phsharma@sail-bhilaisteel.com>

The rest of the timetable in PO.2 will remain.

President of the Tribunal .

We write on behalf of the Claimants in the captioned matter.

This is with regard to the communication of the Respondent dated 07 July

Separately, the Claimant believes that it is important for the parties to

Lastly, on the point of having oral closing statements, it is submitted that

From: David Bateson [mailto:David.Bateson@39essex.com]

The Tribunal expects this response early next week.

President of the Tribunal.

Sent from my iPad

On 7 Jul 2017, at 5:30 PM, Tariq Khan

This is in reference to Ld. Tribunal's correspondence dated June 23, 2017

In light of above, we propose the following revised timeline:

Rebuttal Expert Report by Respondent

Claimant's Reply Experts Report

Written Opening Submissions

Hearing at Habitat Centre Delhi

Final oral arguments

Advani & Co. Ranks and Awards in 2013-2015

From: David Bateson [mailto:David.Bateson@39essex.com]

The front page of PO.2 has "Draft" on.

Please replace it with this version.

Tel: +44 (0) 207 832 1111

From: David Bateson

The Tribunal is grateful for the agreement on the remaining timetable.

As to transcription services ,please advise what arrangements have been

As to whether oral or written closing are preferred ,extra costs will be

I see no need for a Pre-Hearing directions teleconference at this time, in

Tel: +44 (0) 207 832 1111

From: Phaguni Lal [mailto:Phaguni.Lal@Trilegal.com]

We write on behalf of the Claimant in the captioned arbitration proceedings.

Rebuttal Expert Report by Respondent

Claimant's Additional Expert Report

Meetings of Experts to try to agree issues (like disciplines)

Report by Experts on agreements and disagreements

Chronological Agreed Bundle of documents

15 September 2017 to 27 September 2017

Final oral arguments

14 November 2017 to 18 November 2017

Simultaneous submission of case law compilation by both parties *

[To be decided by the Hon'ble Tribunal]

Further, in view of this Hon'ble Tribunal's direction dated 15 June 2017,

Counsel on behalf of the Claimant

1. The Claimant has liberty to file a reply experts report by 3 August

2. Costs of and occasioned by the application to file a rebuttal expert

3. The Hearing fixed for September 2017 is unaffected.

The parties should immediately consult on the revised procedural timetable

Tel: +44 (0) 207 832 1111

Fax: +44 (0) 207 353 3978

Keeping in mind the unnecessary and strong objection on procedural

To add further clarity to the aspect of rebuttal affidavit of the expert

Sent from my iPhone

On 16-Jun-2017, at 9:55 PM, Valeria Ivasikh

In the absence of the Hon'ble Tribunal's decision on the Respondent's

Counsel on behalf of the Claimant

From: Phaguni Lal [mailto:Phaguni.Lal@Trilegal.com]

This is with regard to the communication of the Respondent dated 15 June,

In addition to the Hon'ble Tribunal's observations, the Claimant would also

Counsel on behalf of the Claimant

311 B, DLF South Court

Saket, New Delhi 110 017, India