Reproduced from www.worldbank.org/icsid with permission of ICSID.
... - the Tribunal determines that under Article 3(1) of the IBA Rules on the Taking of Evidence in International Arbitration ("each Party shall submit ... all Documents available to it on which it relies") (referred to in Section 15.1 of Procedural Order No. 1), and ICSID Arbitration Rule 24, all documents provided to and reviewed by Mr. Pollitt shall be expeditiously produced to Claimants. In particular, the investigatory files (National Assembly and Public Prosecutor) provided to Mr. Pollitt shall be expeditiously produced to Claimants.
In reaching this decision, the Tribunal does not reach - and does not need to reach - any determination or express or form any view concerning alleged non-compliance with Request No. 42 or any other argument advanced by Claimants in their application for documents reviewed by Mr. Pollitt (and, as the Tribunal has found, such documents arguably helped him form his opinions). Moreover, the Tribunal need not reference ICSID Arbitration Rule 34(2)(a) in this instance.