(i) authorisation to submit a Supplemental Reply "referring to and exhibiting the Restricted Information" within 7 days;
(ii) expansion of the list of persons with access to the Restricted Information to include Mr Thomas Kingsbury of the Claimants;
(iii) expansion of the list of persons with access to the Restricted Information to include Mr Adán Arnulfo Arjona, the Claimants’ expert on Panamanian Law.
" [...] Claimants have presented Mr. Arjona as an expert in these proceedings. If the intention is to consult Mr. Arjona in that capacity, then he should be required to submit his opinions in the form of an expert report, so that Panama can isolate Mr. Arjona's testimony and cross-examine him on such. Provided that such a report is appended to the supplemental Reply, Panama would have no objection. If however, the intention was to have Mr. Arjona assist Akin Gump in crafting arguments for and drafting the supplemental Reply (as the Application implies), then Akin Gump should designate Mr. Arjona as counsel for Claimants, and Mr. Arjona’s purported expert reports should be stricken."
(a) Within 7 days of this Order (i.e. by 30 April 2019), the Claimants may file a Supplemental Reply, which may include references to and exhibit the Restricted Information.
(b) Subject to further directions from the Tribunal the Supplemental Reply is to be treated as subject to the same confidentiality as the Restricted Information.
(c) Time for submission of the Respondent’s Rejoinder is postponed to a date to be fixed. The Tribunal takes note that "Panama commits — upon receipt of the supplemental Reply — to propose a revised deadline that would allow sufficient time to prepare for the upcoming hearing" No later than 7 May 2019, the Respondent shall submit for consideration by the Tribunal its proposed revised deadline for the Rejoinder.
(d) No further Order is made in respect of documentary Request No 2.
(e) Procedural Order No. 9 is amended so as to permit Akin Gump to share the Restricted Information with Mr Thomas Kingsbury of the Claimants, provided that he agrees to keep the Restricted Information confidential and not to share the Restricted Information with anyone else at the Claimants or any third party without the Tribunal’s permission.
(f) Procedural Order No. 9 is amended so as to permit Akin Gump to share the Restricted Information with Mr. Adán Arnulfo Aijona, Claimants’ expert on Panamanian law, provided that he agrees to keep the Restricted Information confidential and not to share the Restricted Information with the Claimants or any third party without the Tribunal’s permission.
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