Summary

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THE DECISION

14. This Decision concerns Claimant's request that the Tribunal issue interim measures concerning investigations in Belarus, against Claimant and its affiliate Manolium-Engineering, and their current and former officials, which Claimant alleges have the potential of aggravating the dispute and violating the integrity of the arbitral proceedings.

15. Claimant requests the Arbitral Tribunal to issue an order directing Respondent to[6]:

- Abstain from initiating criminal proceedings and/or suspend any current criminal proceedings against the former and current officials of Claimant and Manolium-Engineering until the completion of the arbitration ["Order Against Criminal Proceedings"];

- Refrain from contacting the shareholders, officials and employees of Claimant and Manolium-Engineering, without the consent from Claimant and prior authorization of the Tribunal ["Order to Restrict Communication"];

- Avoid any other actions that could further aggravate the dispute and violate the integrity of the arbitral proceedings ["Non-Aggravation Order"].

16. Respondent, on the other hand, asks that Claimant's Request be dismissed in its entirety, and reserves the right to recover costs incurred in connection with the Request on an indemnity basis[7].

17. The Tribunal will provide the factual background to the Orders (1.), then address the Parties' positions (2. and 3.) and finally take a decision (4.).

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[6] Claimant's Request, para. 59; Claimant's Comments, para. 55.

[7] Respondent's Response, paras. 97-98; Respondent's Observations, paras. 45-46.

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