a. “Disputing Party” or “Party” means either Lupaka Gold Corp. or the Government of the Republic of Peru.1
b. “Non-Disputing Party” means the Government of Canada.
c. “Applicant” means any person or entity that is not a Disputing Party or a Non-Disputing Party that applies to file a written submission with the Tribunal pursuant to Article 836 of the FTA and satisfies the Tribunal of the requirements of Article 836.4-5 of the FTA.
d. “Confidential Information” means:
(i) business confidential information;2
(ii) information protected from disclosure under the applicable domestic law of the Disputing Party or the Non-Disputing Party;
(iii) information that is privileged or otherwise protected from disclosure;
(iv) information of special political or institutional sensitivity;
(v) information that, pursuant to Article 2202 of the FTA, the Respondent deems to be contrary to its essential security interests;
(vi) information that, pursuant to Article 2204 of the FTA, the Respondent deems would impede law enforcement or would be contrary to its law protecting deliberative and policy making processes of the executive branch of government at the cabinet level, personal privacy or the financial affairs and accounts of individual customers of financial institutions; and
(vii) information for which there is a genuine concern by witnesses regarding possible reprisals and/or undue pressure, including information which would reveal a witness' identity, in circumstances involving such genuine concern.
e. “Repository” shall mean the ICSID Secretariat.
a. In the case of an in-person hearing at the seat of the Centre in Washington, DC, the hearing will be broadcast on closed-circuit television in a separate room at the seat of the Centre. An audio-video recording will also be made of hearings. In the event that in-person access to the Centre's facilities by the public is restricted at the time, or in the event of any hearing held by video-conference in accordance with paragraph 10.2 of PO1, the Tribunal will establish alternative arrangements in relation to public access to such hearing after consultation with the Disputing Parties.
b. The Tribunal will discuss with the Disputing Parties at a later stage, whether in order to protect Confidential Information, the broadcast can be technically delayed or whether alternative protocols shall be established;
c. At any time during a hearing, a Disputing Party may request, on a reasoned basis and subject to the right of the other Disputing Party to object, that a part of the hearing be held in private, that is, that the broadcast of the hearing be temporarily suspended such that Confidential Information is excluded from the video transmission. A Disputing Party shall inform the Tribunal before raising topics where Confidential Information could reasonably be expected to arise. The Tribunal will then consult the Parties in camera and the transcript shall be marked “confidential.” After consultation with the Parties, the Tribunal will decide whether the broadcast of the hearing will be temporarily suspended to prevent public disclosure of the information in question, and whether to mark the relevant portion of the transcript as “confidential.”
d. The Tribunal may revisit these protocols or establish further protocols for the conduct of the public Hearing and the protection of “Confidential Information” at a later stage, in consultation with the Disputing Parties.
e. Pursuant to Article 832.2 of the FTA, the Non-Disputing Party (Canada) may attend hearings in person or, if the hearing is held by videoconference in accordance with paragraph 10.2 of PO1, may attend virtually. Physical attendance in the hearing room by third parties will not be permitted.
a. counsel to a Disputing Party;
b. officials or employees of the Disputing Parties;
c. independent experts or consultants retained or consulted by the Disputing Parties in connection with these proceedings;
d. individuals whom a Disputing Party or its counsel have a legitimate interest in communicating with in order to discuss the preparation of that Disputing Party's pleadings or expert, witness and documentary evidence, to the extent that the provision of the information is reasonably necessary;
e. the members of the Tribunal;
f. the ICSID Secretariat and persons employed by the ICSID Secretariat, including counsel, secretaries, court reporters, translators and any clerical or administrative personnel; and
g. officials of the Non-Disputing Party (Canada).
a. Give joint notice to the ICSID Secretariat that the Disputing Parties jointly seek the redaction of Confidential Information from the Award prior to its publication pursuant to paragraph 24.2 of PO1. The joint notice shall be accompanied by a redacted copy of the Award including the Disputing Parties agreed redactions. The Award as jointly redacted by the Disputing Parties will thereafter be published by the ICSID Secretariat pursuant to paragraph 24.2 of PO1; or
b. Give notice to the ICSID Secretariat that the Disputing Parties are in disagreement over proposed redactions of Confidential Information from the Award, summarizing their disagreements in a single table in the form attached as Annex A. The ICSID Secretariat will then communicate the table summarizing the disagreements to the former Members of the Tribunal who will proceed to decide.3 Following the decision by the former Members of the Tribunal, the Disputing Parties shall jointly prepare a redacted copy of the Award reflecting the redactions pursuant to the decision of the former Members of the Tribunal. The Award so redacted will thereafter be published by the ICSID Secretariat pursuant to paragraph 24.2 of PO1.
a. The Tribunal will submit the documents for publication (in redacted form, if applicable) to the Repository;
b. The Repository will publish information and documents in the format and language in which it receives it; and
c. Upon completion of this arbitration, documents referred to in SectionXXXX IV above shall continue to be made available to the public on the ICSID website.
Already registered ?