The basis for the Application was stated to be "new evidence of which Pakistan has only very recently been made aware through the unsolicited approach by a Lebanese individual"—in itself, a curious story. The documents allegedly available were themselves very suspicious. The alleged Consultancy Agreements... were mere copies and had names and dates redacted, making it impossible to verify their authenticity. It can also be noted from... the Attendance Notes that Pakistan's counsel themselves had serious doubts about the authenticity of the alleged new evidence relating to the purported Scheme. Moreover, Pakistan's explanation that it had continued its dialogue with [the informant] but that the latter withdrew his cooperation when he found out about Pakistan's application to the Tribunal, together with the fact that Pakistan's alleged informants were requesting a huge amount of money to cooperate, are such to destroy any semblance of credibility of the new "evidence".
Id. ¶ 536. Contrasting the evidence supporting Pakistan's request for the Backup Tapes with the powers and investigation of the National Accountability Bureau, the Tribunal emphasized that "NAB itself concluded that there was no evidence of any wrongdoing by Karkey under Pakistan's anti-corruption law" and that "the Supreme Court has made no specific finding of corruption in its Judgment regarding Karkey." Id. ¶¶ 538-39. The Tribunal concluded that there was no evidence of corruption in the record and that the evidence described by Pakistan was "more probably aimed at extorting money from Pakistan or at derailing the arbitration proceedings than at genuinely allowing corruption to be established." Id. ¶ 543.
1. All documents related to the negotiation of agreement of any sort between Karkey and any entity owned or controlled by Pakistan;
2. All documents showing any payments of money or any item of value by Karkey to any of its employees or agents in Pakistan;
3. All documents showing any payments of money or any item of value by Karkey to any person or entity with the purpose of such payment reaching Karkey's employees or agents in Pakistan;
4. All documents showing any payment of money or any item of value by Karkey to Raja Babar Ali Zulqarnain;
5. All documents showing any payment of money or any item of value by Karkey to any entity owned (directly, indirectly, or beneficially) by Raja Babar Ali Zulqarnain;
6. All documents showing any payment or money or any item of value by Karkey to any entity owned (directly, indirectly, or beneficially) by Bushra Ali Zulqarnain;
7. All documents showing the guidelines or procedures for keeping or maintaining the Backup Tapes;
8. All documents related to any response to the Request for Interrogatories....
Appl., Ex. L, Subpoena to Produce Documents, Information, or Objects [Dkt. 1-12]. Pakistan's Interrogatories can be more readily summarized. They ask for the identities and contact information for all custodians of the Backup Tapes; the identities and contact information for all individuals or entities with access to the Backup Tapes from January 1, 2008 to the present; an explanation of how the Backup Tapes are preserved and maintained "including details on any encryption, method for tracking or confirming access to or review of the Backup Tapes, and the methods for collecting, storing, and ensuring the integrity of the information contained in the Backup Tapes"; and the terms under which access was terminated for any who did have access to the Backup Tapes. Further, Pakistan wants to know Arnold & Porter's retention policies for client documents; whether Arnold & Porter represents any of the persons identified and the scope of that representation; and an explanation of the relationship between Arnold & Porter and certain identified persons. See generally Appl., Ex. M, Interrogs. Pursuant to Ex Parte Appl. for an Order Permitting Discovery Pursuant to 28 U.S.C. § 1782 (Interrogs.) [Dkt. 1-13].
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