Red Eagle Exploration v. Colombia

On 4 January 2021, both Parties submitted to the Tribunal their requests for production of documents in the form of a Redfern Schedule ("Requests for Production"), in accordance with section 15.6 of Procedural Order No. 1 (as amended).

ICSID Arbitration Rule 34 provides:

(1) The Tribunal shall be the judge of the admissibility of any evidence adduced and of its probative value.

(2) The Tribunal may, if it deems it necessary at any stage of the proceeding:

(a) call upon the parties to produce documents, witnesses and experts; and

(b) visit any place connected with the dispute or conduct inquiries there.

(3) The parties shall cooperate with the Tribunal in the production of the evidence and in the other measures provided for in paragraph (2). The Tribunal shall take formal note of the failure of a party to comply with its obligations under this paragraph and of any reasons given for such failure.

(4) Expenses incurred in producing evidence and in taking other measures in accordance with paragraph (2) shall be deemed to constitute part of the expenses incurred by the parties within the meaning of Article 61(2) of the Convention.

Section 15.2 of Procedural Order No. 1 (as amended) provides that the Tribunal may be guided by the International Bar Association Rules on the Taking of Evidence in International Arbitration (2010) in relation to document production.

Having considered the Parties' Requests for Production, and pursuant to the abovementioned applicable rules, this Procedural Order decides on the Redfern Schedules submitted by the Parties. The reasoning of the Tribunal is included in each of the requests contained in the Redfern Schedules of each party which are attached to this Procedural Order. Annex A contains the Decision on the Claimant's Requests for Production and Annex B contains the Decision on the Respondent's Requests for Production.

This Order is made without prejudice to the operation of any applicable principles on privilege, including legal privilege.

Pursuant to section 15.7 of Procedural Order No. 1 (as amended), a Party shall produce documents as contained in this Procedural Order by 1 February 2021.

As provided in section 15.8 of Procedural Order No. 1 (as amended), documents shall be communicated directly to the requesting Party without copying the Tribunal or the Tribunal Secretary. Documents so communicated shall not be considered to be admitted to the record unless and until a Party subsequently files them as exhibits in accordance with section 16 of Procedural Order No. 1 (as amended).