Procedural Order No. 3 (Decision on Claimant’s Document Production Request)
I. Procedural Background
In accordance with paragraph 16.5 of Procedural Order No. 1, the Claimant submitted document production requests for the Tribunal's decision on March 22, 2017.
The Tribunal's decision on the Claimant's requests is set out in the “Redfern Schedule” attached to this Order.
The Respondent is requested to produce the documents indicated therein to the Claimant, but not yet to the Tribunal, within the time limit set in paragraph 16.12 of Procedural Order No.1, that is, by Friday April 14, 2017.
The Tribunal notes that its decision on the Claimant's requests is not intended to provide an implied decision on any issue in dispute between the parties.
The Tribunal further notes that it would entertain a renewed request for production of documents in the event that the Claimant were able to make a compelling case that disclosure by the Respondent of any request granted by the Tribunal had been inadequate.
The Tribunal may call upon the parties to produce documents or other evidence in accordance with ICSID Arbitration Rule 34(2), in the event that the Tribunal deems it appropriate to do so.
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