Members of the Tribunal
Ms. Teresa Cheng SC, President of the Tribunal
Prof. Horacio A. Grigera Naón, Arbitrator
Prof. Zachary Douglas QC, Arbitrator
Ms. Sara Marzal Yetano, Secretary of the Tribunal
Participating on behalf of the Claimants:
Ms. Abby Cohen Smutny, White & Case
Mr. Darryl Lew, White & Case
Mr. Brody Greenwald, White & Case
Mr. Michael Roche, White & Case
Mr. Andrei Popovici, White & Case
Ms. Samantha Fernández-Micone, White & Case
Ms. Anca Puyascu, Tuca Zbarcea & Asociatii
Ms. Ruxandra Nita, Tuca Zbarcea & Asociatii
Participating on behalf of the Respondent:
Mr. Veijo Heiskanen, Lalive
Ms. Lorraine de Germiny, Lalive
Mr. Christophe Guibert de Bruet, Lalive
Ms. Crenguta Leaua, Leaua & Asociatii
Ms. Andreea Simulescu, Leaua & Asociatii
Ms. Liliana Deaconescu, Leaua & Asociatii
a) That for purposes of this arbitration Respondent grant Claimants, including Claimants' representatives, counsel, experts, witnesses, and consultants, unrestricted access to and use of the documents and information that are in the custody of the project company RMGC but that are subject to the obligations of confidentiality, including obligations arising from the Romanian laws governing classified information (the “Confidential and Classified Documents”);
b) That the terms of such access and use shall be without regard to the restrictions regarding access and use that apply to the Confidential and Classified Documents as a matter of Romanian law and the confidentiality agreements between RMGC and the National Agency for Mineral Resources (“NAMR”) regarding those documents, so as to ensure as appropriate and necessary for the orderly and fair conduct of this arbitration, inter alia, that the Confidential and Classified Documents may be accessed, used, stored, copied, transmitted, transported, reviewed, and submitted as evidence in this arbitration, including without undue restrictions on access and use by the members of the Tribunal and the ICSID Secretariat, any Tribunal assistants, and external service providers retained by the ICSID Secretariat subject to reasonable undertakings to maintain confidentiality as may be warranted.
a) The declassification of approximately 75 documents that still remain outstanding;
b) That the Parties reach an agreement on the terms of access/use of the documents that RMGC maintains subject to the Custody Agreement with NAMR; and
c) That the Parties reach an agreement on the terms of a draft confidentiality order.
a) Claimants to cause RMGC to provide NAMR with copies of the documents that remain to be declassified;
b) Respondent to declassify such documents and/or cause the relevant third parties to declassify such documents in accordance with the relevant laws;
c) Both Parties to continue to apply their best efforts to agree on a draft confidentiality order and amended Custody Agreement;
d) Both Parties to report on the status of the previous items within 30 days from the date of this order; the Tribunal may issue further directions upon receipt of the Parties update on the status; and
e) Claimants to cause RMGC to grant both Parties simultaneous access to the documents in RMGC's custody once the terms of the amended Custody Agreement and draft confidentiality order have been defined.
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