The Tribunal notes that the Mesa Power Videos have since been removed from the case registry's website and they are no longer in the public domain. It may be that the Respondent will wish to protect the confidentiality of the information in the Mesa Power Videos, in accordance with the Mesa Power confidentiality order. If the Respondent so requests, the Tribunal would be prepared to order that any confidential information contained in the Mesa Power Videos be redacted from the publicly available versions of the Parties' pleadings and any decision or award. In this regard, the Tribunal notes that the Confidentiality Order in this arbitration defines “Confidential Information” to include information “that is not publicly available and is designated by a Party as confidential on the grounds that it is…information subject to a confidentiality order issued by a court or tribunal in proceedings unrelated to the present proceedings”.
In the event that the Claimant disagrees with the Respondent's confidentiality designations regarding any information contained in the Mesa Power Videos which is subject to the confidentiality order issued by the Mesa Power tribunal, and the issue comes before the Tribunal for determination, the Tribunal will be prepared to order that any such confidential information be redacted from the publicly available versions of the Parties' submissions, and any directions, orders or award, in accordance with paragraph 50 of PO7.
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