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Bridgestone v. Panama

Bridgestone Americas, Inc. and Bridgestone Licensing Services, Inc. v. Republic of Panama, ICSID Case No. ARB/16/34
Nature of the proceedings:
International
Type of case:
Investor-State
Economic sector:
Manufacturing
Manufacture of rubber and plastics products
Date of introduction:
28 Oct 2016
Status of the case:
Decided in favor of State
Claimant’s country of origin:
United States
Respondent:
Panama
Institution:
ICSID (International Centre for Settlement of Investment Disputes)
Rules of arbitration:
Seat of arbitration:
Washington D.C.
Applicable treaties:
US-Panama TPA (2012)

Documents of the case

profile picture Nicholas Phillips President
profile picture Horacio A. Grigera Naón Appointed by the investor
profile picture J. Christopher Thomas Appointed by the State
Source(s) of the individual document(s):
Reproduced with the permission of the International Centre for Settlement of Investment Disputes :
Link1 (EN) Official source

Lawyers, other representatives, expert(s), tribunal’s secretary

Procedural Order No. 9

I. INTRODUCTION

1.
On 29 March 2019, the Tribunal issued Procedural Order No. 8, by which it ordered the following in connection with Claimants’ Document Production Requests No. 6, 7 and 9:

“By 1800 (EST) on Friday 5 April 2019 Panama to disclose the relevant responsive documents to the Claimants’ lawyers on terms, to be agreed to by the Claimants, that in the first instance the disclosure will be for the lawyers’ eyes only. Should the Claimants’ lawyers wish to use the documents as evidence in this Arbitration, or to take instructions from the Claimants in relation to their content they must, by 1800 (EST) on Friday 12 April 2019, apply to the Tribunal for appropriate directions.”1

2.
On 2 April 2019, the Parties notified the Tribunal that the Parties had agreed on the terms for the disclosure of documents ordered by paragraph 12 of Procedural Order No. 8, and proposed an agreed upon draft confidentiality order.
3.
The Tribunal endorses the Parties’ agreement, and accordingly issues the following order, in the terms agreed upon by the Parties.

II. ORDER

4.
Pursuant to Procedural Order No. 8, the documents identified by the Respondent as responsive to Requests Nos. 6, 7 and 9 of the Claimants’ Document Production Requests (the “Restricted Information”) shall be produced to the Claimants by 1800 (EST) on 5 April 2019, subject to the confidentiality regime set out in the following paragraphs.
5.
The Restricted Information shall be provided only to partners and employees of Akin Gump Strauss Hauer & Feld LLP (“Akin Gump”) engaged in these proceedings. These persons shall keep the Restricted Information confidential; and shall not share the Restricted Information with the Claimants or any third party (except as identified in paragraph 3) without the Tribunal’s permission.
6.
Akin Gump is permitted to obtain translations of the Restricted Information from its external translation service providers (“Translators”), provided that the Translators are made aware of this Confidentiality Order and agree to keep the Restricted Information confidential.
7.
The Claimants have permission to apply to the Tribunal for directions by 1800 (EST) on 12 April 2019, should Akin Gump wish to use the Restricted Information as evidence in a supplemental Reply in this Arbitration and/or to take instructions from the Claimants in relation to the Restricted Information.
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