Letter from the Tribunal regarding the Respondent's Request to Submit the Westmoreland Decision

AG 332337 10 November 2020 DIRECT DIAL: +31 70 302 4153 E-MAIL: CTHAM@PCA-CPA.ORG

RE: PCA CASE Nº 2018-54 – TENNANT ENERGY, LLC V. GOVERNMENT OF CANADA

Dear Mesdames, dear Sirs,

I write on behalf of the Tribunal with reference to the Respondent’s letter and the Claimant’s e- mail of 28 and 30 October 2020, respectively.

In its 28 October 2020 letter, the Respondent requests permission from the Tribunal to submit into the record as a new legal authority the Westmoreland Mining Holdings LLC v. Government of Canada , ICSID Case No. UNCT/20/3, Procedural Order No. 3, Decision on Bifurcation, dated 20 October 2020 (the “Westmoreland Decision”). The Respondent also requests permission for both disputing Parties to make brief, concise written submissions on the relevance of the Westmoreland Decision to the Respondent’s Renewed Request for Bifurcation.

In response, the Claimant states that it “opposes [the Respondent’s request] based on practicality, delay, and cost.” Further, should the Tribunal decide to admit the Westmore land Decision into the record, the Claimant submits that a specific procedure should then follow, according to which both the disputing and non- disputing Parties would be given the opportunity to file submissions, and the disputing Parties would then be given the opportunity to respond to the non-disputing Parties’ submissions.

Mr Barry Appleton Appleton & Associates International Lawyers LP 121 Richmond St. W, Suite 304 Toronto, ON M5H 1K5 Canada Mr Edward Mullins Reed Smith LLP 1001 Brickell Bay Drive, 9th Floor Miami, FL 33131 United States of America

BY E-MAIL: TENNANTCLAIMANT @APPLETONLAW.COM BAPPLETON@APPLETONLAW.COM EMULLINS @REEDSMITH.COM

Ms Heather Squires, Lead Counsel Ms Annie Ouellet, Counsel Ms Alexandra Dosman, Counsel Mr Mark Klaver, Counsel Ms Maria Cristina Harris, Counsel Ms Darian Bakelaar, Paralegal Mr Benjamin Tait, Paralegal Ms Krystal Girvan, Paralegal Trade Law Bureau (JLT) Global Affairs Canada 125 Sussex Drive Ottawa, Ontario K1A 0G2 Canada

BY E-MAIL: HEATHER.SQUIRES@INTERNATIONAL.GC.CA ANNIE.OUELLET@INTERNATIONAL.GC.CA ALEXANDRA.DOSMAN@INTERNATIONAL.GC.CA MARK .KLAVER@INTERNATIONAL.GC.CA MARIACRISTINA.HARRIS@INTERNATIONAL.GC.CA DARIAN.BAKELAAR@INTERNATIONAL.GC.CA BEN JAMIN .TAIT@INTERNATIONAL.GC.CA KRYSTAL.GIRVAN@INTERNATIONAL.GC.CA

AG 332337 10 November 2020 Page 2 of 2 The Tribunal notes that, prior to receipt of the Respondent’s request, it had already decided on the course to be followed in connection with the Respondent’s Renewed Request for Bifurcation. Having considered the Parties’ respective comments on the Respondent’s present request, it sees no need to depart from that decision for purposes of receiving further submissions from the Parties on the Westmoreland Decision. The Tribunal shall therefore notify its decision on the Respondent’s Renewed Request for Bifurcation imminently.

Notwithstanding the above, and taking account of the fact that the Westmoreland Decision is already in the public domain, the Tribunal hereby grants the Respondent permission to submit it into the record, without comment from the P arties.

Should you have any questions regarding this letter, please do not hesitate to contact me at the details set forth above.

Yours sincerely,

Christel Y. Tham Legal Counsel cc: Mr Cavinder Bull SC (by e-mail: cavinder.bull@drewnapier.com) Mr R. Doak Bishop (by e-mail: dbishop@kslaw.com) Sir Daniel Bethlehem QC (by e-mail: dbethlehem@twentyessex.com)