15.1. The International Bar Association Rules on the Taking of Evidence in International Arbitration (2010) (“IBA Rules of Evidence”) shall guide the Tribunal and the parties regarding document production in this case.
15.2. As set out in Annex A, one round of document production shall take place prior to the submission of Claimants’ Reply on the Merits and Damages. In case a bifurcation is requested, the Tribunal will decide on any request to conduct a round of document production during the first phase of the bifurcated proceedings in its Decision on Bifurcation.
15.3. Within the time limits set out in Annex A, each party may serve a request for production of documents on the other party. Every request for production of documents shall precisely identify each document, or category of documents, sought and establish its relevance and materiality for the outcome of the case. The requests shall be recorded in the schedule (using columns 1 through 3) in the form below. Such requests shall not be copied to the Tribunal or the Tribunal Secretary.
15.4. Within the time limits set out in Annex A, each party shall provide the other party with the documents in its possession, custody or control that are responsive to the other party’s request and to which no objections are made. They shall not be copied to the Tribunal or the Tribunal Secretary.
15.5. Each party shall state in writing its responses or objections to the requested documents with reference to the objections listed in Article 9(2) of the IBA Rules of Evidence, within the time limits set out in Annex A. Such responses and objections shall be recorded in column 4 of the schedule below. They shall not be copied to the Tribunal or the Tribunal Secretary.
15.6. Within the time limits set out in Annex A, the requesting party shall state in writing its comments on any response or objection made to production (in both Word and PDF formats). Such comments shall be recorded in column 5 of the schedule below.
15.7. Within the time limits set out in Annex A, the requesting party shall submit the completed Redfern Schedule (requests, objections, responses to objections; in both Word and PDF formats) including any applications to decide on objected production requests to the Tribunal, with a copy to the other party.
15.8. The Tribunal will make its best efforts to rule on the objections within the time limits set out in Annex A.
15.9. A party shall produce those documents for which no objection is sustained by the Tribunal within the time limits set out in Annex A. They shall not be copied io the Tribunal or the Tribunal Secretary.
15.10. Any other request for the production of documents not provided for in the Procedural Calendar set out in Annex A, which is sought by either party from the other party or from any person or entity that it is not a party to this Arbitration, including any court, organization or other third party, shall be permitted only at the discretion of the Tribunal. The request must be substantiated with reasons. The Tribunal will rule on such reasoned application only after it has given the other party a proper opportunity to reply.
15.11. The request, responses or objections to the request, the reply to the responses or objections to the request, and the Tribunal's decisions referred to in this Section shall be recorded in a joint schedule in the form below.
a. the specific document or narrow and specific category of documents must be described in sufficient detail;
b. the relevance and materiality to the outcome of the case must be established with respect to each document or category of documents;
c. any document or category of documents requested must be within the opposing party’s possession, custody or control and must not be in the requesting party’s possession, custody or control;
d. the Tribunal must take into account legal impediments or privilege under the applicable legal or ethical rules;
e. the production of the requested evidence should not cause unreasonable burden to the party under the production obligation;
f. the Tribunal must consider grounds of commercial or technical confidentiality that it determines to be compelling;
g. grounds of special political or institutional sensitivity (including evidence that has been classified as secret by a government or a public international institution) that the Tribunal determines to be compelling are to be observed; and
h. considerations of fairness or equality of the Parties that the Tribunal determines to be compelling may be applied.
The Arbitral Tribunal shall, at the request of a Party or on its own motion, exclude from evidence or production any Document, statement, oral testimony or inspection for any of the following reasons:
(b) legal impediment or privilege under the legal or ethical rules determined by the Arbitral Tribunal to be applicable;
(e) grounds of commercial or technical confidentiality that the Arbitral Tribunal determines to be compelling;
f) grounds of special political or institutional sensitivity (including evidence that has been classified as secret by a government or a public international institution) that the
Arbitral Tribunal determines to be compelling [...]
a. The Parties are ordered to produce the documents and/or confirmations as directed in the attached Redfern Schedules by 17 March 2021 (instead of 9 March 2021 as determined in Annex A of Procedural Order No. 1) taking into account the additional time taken by the Tribunal to render this Procedural Order.
b. To the extent that any Party seeks to exclude responsive documents from production pursuant to Article 9.2 of the IBA Rules, it shall provide the opposing Party with a log of the documents withheld in the format set out in Annex I by 17 March 2021.
c. With respect to documents for which production has been ordered or for which the Party has indicated its willingness to produce them, each Party shall provide an index of the documents produced, with an indication of the requests to which they respond. Each Party shall state whether it has produced all responsive documents in its possession, custody or control.
d. All other document production requests are denied, but without prejudice to the Tribunal’s power to review its decision on the production of documents in accordance with paragraph 7 above.
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