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Procedural Order No. 4

I. PROCEDURAL BACKGROUND

1.
Pursuant to Section 5 of Procedural Order No. 1, and to the procedural calendar enclosed as Annex 1 to Procedural Order No. 2, the Parties submitted to the Tribunal for decision their respective written submissions regarding document production, which are contained in the Redfern Schedules prepared by the Parties, as follows:

a) The Parties’ respective requests for document production of 9 February 2018;

b) The Parties’ respective responses and objections of 2 March 2018; and

c) The Parties’ respective replies to these responses and objections of 16 March 2018.

II. ANALYSIS OF THE TRIBUNAL

2.
Pursuant to paragraph 5.2.6 of Procedural Order No. 1, the Tribunal shall rule on any application and may for this purpose refer to the IBA Rules on the Taking of Evidence in International Arbitration 2010, which according to paragraph 6.1 of the same Procedural Order, may be used as an additional guideline when considering matters of evidence.
3.
Pursuant to paragraph 5.5 of Procedural Order No. 1, should a party fail to produce documents as ordered by the Tribunal, the Tribunal may draw the inferences it deems appropriate in relation to the documents not produced.
4.
The Tribunal takes note of the Respondent’s offer to conclude a non-disclosure agreement in respect of confidential documents requested from the Claimant. The Tribunal invites the Respondent to do so prior to the production of the requested documents. The Claimant is equally invited to conclude an equivalent non-disclosure agreement in respect of confidential documents requested from the Respondent.

III. DECISION OF THE TRIBUNAL

5.
In light of the above, after having reviewed carefully the observations submitted by the Parties and having considered each request and taken into account all the relevant circumstances, the Tribunal decides to:

i. Grant, in accordance with the foregoing reasons and pursuant to the terms of this Procedural Order, the Claimant’s document production requests No.: 2, 3, 4, 6, 7, and 8; and the Respondent’s document production requests No.: 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, and 15. Pursuant to the procedural calendar already established, the Parties shall have until 16 April 2018 to produce these documents to each other.

ii. Reject all remaining document production requests in accordance with the foregoing reasons and the terms of this Procedural Order.

6.
The decisions of the Tribunal on each request are recorded in the enclosed Redfern Schedules which constitute Annexes 1 and 2 to this Order and form an integral part of it.
7.
To the extent that a party wishes to assert privilege over responsive documents, the Tribunal directs such party to file a privilege log identifying the responsive document, its date, and the basis for the privilege claimed by 16 April 2018.
8.
The decision under 4.ii. denying the remaining requests is without prejudice to the Tribunal’s right to demand that any of the documents be produced in the future if necessary.
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