The Tribunal thanks the Parties for their participation in today’s second session held by telephone conference-call. It is appropriate for the Tribunal to issue the following order with immediate effect, although a formal order will follow in due course, addressing other matters discussed at the session:
A - Interim Measures:
As regards Item 1 of the Agenda, the Tribunal notes the Claimant’s two cumulative applications for interim measures: (i) the first application for interim measures made by letter dated 1 April 2010, as set out in Paragraph 14 (pages 6 -7) and (ii) the second application for interim measures made by letter dated 7 April 2010, as set out in its last paragraph (being orally confirmed by the Claimant’s Counsel during today’s session).
The Tribunal decides that the Claimant shall be heard by the Tribunal as regards both applications at the first procedural meeting to be held in London on 10 and 11 May 2010 subject to further order, including directions as to procedure applicable before and during that meeting (e.g., as to the former, the Respondent’s written answer to such applications, in whole or in part, and the Claimant’s written reply before the meeting).
The Tribunal currently intends that such directions shall be made in the light of the Respondent’s further letter regarding the Claimant’s applications (to be received by the Tribunal as soon as practicable but no later than Friday, 16 April 2010) and any written response thereto by the Claimant, as directed by the Tribunal.
(i) the first application for interim measures made by the Claimants’ letter dated 1 April 2010, as set out in paragraph 14 (pages 6-7), and
(ii) the second application for interim measures made by the Claimants’ letter dated 7 April 2010 (as set out in its last paragraph),
shall be heard at the first procedural meeting to be held at the IDRC, 70 Fleet Street, London ECY 1EU on 10 and 11 May 2010, beginning at 0930 hours on the first of these two days.
(i) The Claimants and the Respondent are both ordered to maintain, as far as possible the status quo and not to exacerbate the procedural and substantive disputes before this Tribunal, including (in particular but without limiting howsoever the generality of the foregoing) the avoidance of any public statement tending to compromise these arbitration proceedings;
(ii) The Claimants and the Respondent are both ordered to refrain from any conduct likely to impair or otherwise adversely affect, directly or indirectly, the ability of the Tribunal to address fairly any issue raised by the Parties before this Tribunal;
(iii) The Claimants and the Respondent are both ordered not to exert, directly or indirectly, any unlawful influence or pressure on the Court addressing the pending litigation in Ecuador known as the Lago Agrio Case;
(iv) The Claimants and the Respondent are ordered to inform the Tribunal (in writing) of the likely date for the issue by the Court of its judgment in the Lago Agrio Case as soon as such date becomes known to any of them;
(v) The Respondent is ordered to communicate (in writing and also by any other appropriate means) the Tribunal’s invitation to the Court in the Lago Agrio Case to make known as a professional courtesy to the Tribunal the likely date for the issue by the Court of its judgment in the Lago Agrio Case; and, to that end, the Respondent is ordered to send to the Court the full text in Spanish and English of the Tribunal’s present order; and
(vi) The Respondent is ordered to facilitate and not to discourage, by every appropriate means, the Claimants’ engagement of legal experts, advisers and representatives from the Ecuadorian legal profession for the purpose of these arbitration proceedings (at the Claimants’ own expense).
2. This Order is and shall remain subject to modification in the light of any future event, upon the Tribunal’s own motion or upon any Party’s application, particularly in the light of any new development in the Lago Agrio Case and the issue of the Court’s judgement in such Case; and any of the Parties may apply to the Tribunal for such modification upon 24 hours’ written notice.
3. This Order is made strictly without prejudice to the merits of the Parties’ procedural and substantive disputes, including the Respondent’s jurisdictional and admissibility objections and the merits of the Claimants’ claims.
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