“1. Requests No. 64 and 65 of Uruguay's Document Request.
2. The Confidentiality Agreement proposed by Uruguay, and on the basis of this agreement, as to Requests No. 1, 4, 5, 6, 8, 9, 12, 13, 14, 16, 17, 19, 20, 38, 40, 41, 42, 43, 44, 45, 46, 48, 50, 52, 56, 57, 58, 60, 62, and 66 of Uruguay's Document Request.”
“… to try to agree on a confidentiality agreement (not necessarily the one proposed by the Respondent), and (ii) should they are able to agree on such confidentiality agreement, to try to agree on Uruguay's Documents Requests No. 1, 4, 5, 6, 8, 9, 12, 13, 14, 16, 17, 19, 20, 38, 40, 41, 42, 43, 44, 45, 46, 48, 50, 52, 56, 57, 58, 60, 62, and 66. The Parties are invited to inform the Tribunal by May 1, 2017 of the agreement reached or of their respective positions if they are unable to reach agreement.”
“In addition, because Italba is a closely held corporation consisting solely of Gustavo Alberelli and his wife, the usual concerns about confidentiality of private documents are particularly salient here. Documents that Italba produces in this arbitration are necessarily personal to Dr. Alberelli and his wife. As a result, their dissemination to third parties or use for purposes unrelated to this arbitration carries a higher risk of disclosure of personal or private information, including information concerning the couple's finances or the relationship between husband and wife.”4
a. so proprietary or competitively sensitive that its public disclosure is likely to cause competitive injury, or material financial loss or gain, to a Party or a third party to which it relates;
b. otherwise protected from disclosure under the applicable domestic law of the disputing State party or the laws governing the entity in question; or
c. financial, commercial, scientific or technical information supplied by third parties that has been consistently treated as confidential by those third parties, as indicated by the existence of a confidentiality or non-disclosure agreement applicable to such information.
a. the Tribunal, the Assistant to the President of the Tribunal, the Secretary of the Tribunal and other ICSID staff assigned to the present arbitration;
b. each Receiving Party's legal counsel and staff for the time being retained for the purpose of representing the Receiving Party in this Arbitration (i.e., for Italba, Hughes Hubbard & Reed LLP,9 and for Uruguay, Foley Hoag LLP);
c. experts and witnesses retained to assist the Receiving Party in connection with this Arbitration;
d. the following employees and officers of Uruguay, who are actively engaged in the defense of this arbitration: Dr. Carlos Gianelli, Mr. Rodolfo Nin Novoa and Dr. Miguel Toma, and the following supporting individuals: Esc. Silvana Sena, Dra. Verónica Duarte, Dra. María Inés Da Rosa, Dra. Sara IIha, Dra. Marianela Bruno.
e. any individuals listed as either a sender, author or recipient of the Confidential Document, provided that any such individual executes an undertaking in the form of Annex A annexed hereto, prior to the receipt of the Confidential Information;
f. other categories of personnel, which the Tribunal has agreed, after consultation with the Parties, to treat as Authorized Personnel (any individuals falling within the scope of this subparagraph shall execute an undertaking in the form of Annex A, annexed hereto).
a. The Parties shall seek to reach agreement on the designation. If the Parties do not reach agreement, then, no later than 10 days after the submitting Party receives the written objection to the designation, the submitting Party may raise the issue in writing with the Tribunal. In the event the submitting Party elects not to raise the issue with the Tribunal, the information in question shall no longer be entitled to confidential treatment.
b. The objecting Party shall have 10 days to respond in writing to the submitting Party's presentation to the Tribunal.
c. As promptly as possible after the matter is referred to it, the Tribunal shall decide whether the information has been properly designated. While the matter is under consideration by the Tribunal, the information in question shall be entitled to confidential treatment.
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