INTERNATIONAL ARBITRATION CENTER
OF DANUBIA
Speculative Drilling, Co.
Claimant
v.
Deep Well Drilling, Inc.
Respondent
PROCEDURAL ORDER No. 1
I wish to commend the parties for their cooperation in planning
for this arbitration. There is agreement that the Tribunal must be ready to give at least a
provisional award prior
to the expiration of the order of the Commercial Court of Mediterraneo on 14
April 1998. Because of the various commitments of the members of this Tribunal and of counsel
it has not been possible to fix a date for any oral hearing that may be necessary prior to 4
April 1998. Therefore, argument will be scheduled for 4 April 1998, lasting as long as may be
necessary through 9 April 1998.
The facts in the dispute do not appear to be in conflict. Therefore, the
facts as alleged by
the two parties will be accepted as being correct until further notice.
Furthermore, the facts
appear to be sufficiently clear for the parties to present their case and
for the Tribunal to
reach an award. Nevertheless, it has been agreed that a limited period for
further factual inquiry might be useful through the Secretary of the Tribunal. The parties may
submit their questions to the Secretary of the Tribunal at Pace Law School up to and including
Friday, 24 October 1997. Replies to these inquires will be distributed to counsel by November 3,
1997. If additional factual inquiries appear to be necessary after the exchange of memoranda
and the oral hearing, the Tribunal will issue a further order at or following the hearing.
Since the Tribunal will have the opportunity to hold only one set of
hearings prior to the expiration of the order of the Commercial Court of
Mediterraneo, it has been
decided that the memorandum to be submitted by counsel should discuss both
- Whether a contract exists between Deep Well Drilling, Inc. and
Speculative Drilling, Co. for the sale of drilling rig #23, and
- If such a contract exists, whether the Tribunal should grant the relief
requested by Speculative Drilling, Co.
The hearing in April 1998 will also be devoted to both questions.
The memorandum for Claimant, Speculative Drilling, Co. will be due at the
Secretariat of the
Tribunal in Vienna, Austria on 9 December 1997 in 25 copies accompanied by
a properly labeled
diskette. The memorandum for Respondent, Deep Well Drilling, Inc. will be
due at the Secretariat of the Tribunal in Vienna, Austria on 13 February 1998 in 25 copies with
diskette.
(Signed)______________
President of the Tribunal
3 October 1997
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